by Richard D. Lieberman, Consultant | May 16, 2016 | Uncategorized
Two recent cases at the Small Business Administration Office of Hearings and Appeals (“OHA”) address affiliation of companies based on “identity of interest” and discuss two different aspects—common investments and economic dependence. They are instructive in the... by Richard D. Lieberman, Consultant | May 9, 2016 | Uncategorized
Discussions may become a very important part of a negotiated procurement. Discussions always occupy a compelling spot in the lore of sustained protests, because agencies keep repeating their mistakes. For years, agencies have had trouble conducting discussions,... by Richard D. Lieberman, Consultant | May 2, 2016 | Uncategorized
[U]nder American law, government prosecuting attorneys have nearly absolute powers. A prosecuting attorney has power on various matters including those relating to choosing whether or not to bring criminal charges, deciding the nature of charges, plea bargaining and... by Richard D. Lieberman, Consultant | Apr 19, 2016 | Uncategorized
Last year the Government Accountability Office (“GAO”) sustained a protest because the agency improperly gave an offeror credit for past performance of its separate affiliates, even though the record did not show that the affiliates would provide resources or be... by Richard D. Lieberman, Consultant | Apr 12, 2016 | Uncategorized
Do you believe your computer’s email program which says “delivery complete” a few seconds after you hit the “send” button? If you do, you have made the classic email mistake. Your computer may think it has been “sent,” but that isn’t the real question. The real... by Richard D. Lieberman, Consultant | Apr 8, 2016 | Uncategorized
Consider the follow excerpt from Federal Acquisition Regulation (“FAR”) 5.203: (b) The contracting officer must establish a solicitation response time that will afford potential offerors a reasonable opportunity to respond to each proposed contract action.… The...