by Richard D. Lieberman, Consultant | Mar 22, 2017 | Uncategorized
It is a fundamental principle of government procurement that agencies must evaluate proposals on a common basis and in accordance with the terms of the solicitation. Agencies may not engage in disparate (unequal) treatment of offerors in their evaluation. On this... by Richard D. Lieberman, Consultant | Mar 14, 2017 | Uncategorized
The following saga of two appeals demonstrates the importance of sworn affidavits in size protests and size appeals. In the first appeal, CoSTAR Services, Inc., SBA No. SIZ-5745 (2016), the Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”)... by Richard D. Lieberman, Consultant | Mar 1, 2017 | Uncategorized
The Government Accountability Office (“GAO”) recently ruled that in negotiated procurement, a company cannot attribute to itself the past performance of asserted “predecessor” companies where those companies are separate and distinct companies from the offeror.... by Richard D. Lieberman, Consultant | Feb 22, 2017 | Uncategorized
A successful protester at the Government Accountability Office (“GAO”) is entitled to a GAO recommendation that the agency conducting the procurement should pay the costs of filing and pursuing the protest, including reasonable attorneys’ fees and consultant and... by Richard D. Lieberman, Consultant | Feb 8, 2017 | Uncategorized
What happens when a protester submits a protest to the Government Accountability Office (“GAO”), the agency responds in its agency report with a detailed response to every assertion, but the protester fails to rebut or substantively address the agency’s arguments in... by Richard D. Lieberman, Consultant | Feb 3, 2017 | Uncategorized
Box 12 of Standard Form 33, “Solicitation, Offer and Award,” states that that the contractor agrees that if the agency accepts its offer within 60 calendar days, it will perform at the price offered. (The contractor may specify a different period for acceptance, but...