by Richard D. Lieberman, Consultant | Feb 23, 2021 | Uncategorized
Reversing a Court of Federal Claims ruling, the Court of Appeals for the Federal Circuit (“CAFC”) recently held that a bidder that had been removed from a Qualified Parts List (“QPL”), and thereby barred from responding to solicitations subject that QPL, could...
by Richard D. Lieberman, Consultant | Feb 16, 2021 | Uncategorized
It is rare when the Government Accountability Office (“GAO”) says that agency actions in its source selection for two different contractors showed “pervasive errors in the conduct of the competition and evaluation of proposals.” But that’s exactly what the GAO said...
by Richard D. Lieberman, Consultant | Feb 9, 2021 | Uncategorized
A claim for money requires “a written demand or written assertion … seeking, as a matter of right, the payment of money in a sum certain…” FAR 2.101. The Boards lack jurisdiction (which will result in dismissal of an appeal) if the claim seeks “approximately...
by Public Contracting Institute | Feb 7, 2021 | Uncategorized
Did you Know? By: Lou Chiarella Government contracting can’t be competitive or transparent unless contractors knows about it. FAR part 5, Publicizing, provides the rules on what and how things are publicized–and it’s all in one place...
by Richard D. Lieberman, Consultant | Feb 2, 2021 | Uncategorized
By Richard D. Lieberman, Consultant The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2020 on December 23, 2020 (B-158766). The GAO actually received 2,149 protests in fiscal year (“FY”) 2020 but...
by Richard D. Lieberman, Consultant | Jan 26, 2021 | Basic Principles/Authority to Contract, Proposals
In two recent decisions, the Government Accountability Office (“GAO”) and the U.S. Court of Appeals for the Federal Circuit (“CAFC”) have clearly stated that indefinite delivery, indefinite quantity (“IDIQ”) contracts are contracts, but Blanket Purchase Agreements...
by Richard D. Lieberman, Consultant | Jan 19, 2021 | Claims and Remedies, Contract Disputes Act/Disputes/Courts/Boards of Contract Appeals
On October 27, 2020, the Armed Services Board of Contract Appeals (“ASBCA” or “Board”) released its report on transactions and proceedings for fiscal year (“FY”) 2020. The report is interesting for its discussion, rather than the actual the case count. A total of 497...
by Richard D. Lieberman, Consultant | Jan 12, 2021 | Offers/Protests, Proposals
Formal agency protests must be submitted in accordance with Federal Acquisition Regulation (“FAR”) 33.103, which sets out specific rules, procedures and requirements. There is a simpler way to protest, the “informal agency protest,” which is governed by the rules...
by Richard D. Lieberman, Consultant | Jan 5, 2021 | Uncategorized
This blog has frequently discussed poorly or inadequately written proposals which have caused agencies to deem them inadequate and not select the proposal for award. In a recent Government Accountability Office (“GAO”) protest, the protester’s proposal included a...
by Richard D. Lieberman, Consultant | Dec 29, 2020 | Uncategorized
A recent decision of the Armed Services Board of Contract Appeals (“Board”) held that as long as a mark (such as a typed signature) purporting to act as a signature may be traced back to the individual making it, it counts as a signature for the purposes of the...
