by Richard D. Lieberman, Consultant | Mar 24, 2016 | Uncategorized
In a recent Government Accountability Office (“GAO”) case, the protester alleged “bait and switch” tactics, but the GAO denied the protest. Allied Technology Group, Inc., B-412434, Feb. 10, 2016. This denial continues a general trend at the GAO of denying protests... by Richard D. Lieberman, Consultant | Mar 23, 2016 | Uncategorized
Agencies can frequently obtain competition by using “brand name or equal” purchase descriptions. Recently, the Department of Veterans Affairs (“VA”) rejected a contractor’s submission to install the exact brand name “patient headwall system” in a contract. The VA... by Richard D. Lieberman, Consultant | Mar 21, 2016 | Uncategorized
The Small Business Administration (“SBA”) adjudicates size protests, typically where one company protests that another company is not small on a procurement that is set-aside for small business only. An important part of the SBA size regulations is the “ostensible... by Richard D. Lieberman, Consultant | Mar 18, 2016 | Uncategorized
One of the fundamental principles in the Small Business Administration (“SBA”) size regulations is that in determining a company’s size, “SBA counts the receipts, employees, or other measure of size of the concern whose size is at issue and all of its domestic and... by Richard D. Lieberman, Consultant | Mar 16, 2016 | Uncategorized
The Government Accountability Office (“GAO”) recently found two agencies using a new, but unlawful approach to task and delivery orders, the Flexible Ordering Agreement (“FOA”). This is used on Indefinite Delivery, Indefinite Quantity (“IDIQ”) contracts, such as a... by Richard D. Lieberman, Consultant | Mar 14, 2016 | Uncategorized
The Army sought “solid waste management services” (trash pickup) at or near Fort Polk, LA. Army properly recognized that these services were commercial, and conducted a FAR Part 12, Commercial item (services) procurement. Unfortunately, the Army conducted the...