by Richard D. Lieberman, Consultant | May 11, 2021 | Uncategorized
By Richard D. Lieberman, Consultant Neither a termination for default, nor a termination for cause must be presented to the contracting officer (“CO”) prior to appealing to the Board of Contract Appeals or the Court of Federal Claims. SkyQuest Aviation, LLC, ASBCA...
by Richard D. Lieberman, Consultant | May 4, 2021 | Uncategorized
By Richard D. Lieberman, Consultant A protester filed a bid protest on a Defense Department procurement at the Government Accountability Office (“GAO”) six days after receiving a written debriefing. The GAO denied the stay as untimely, but the Court of Federal Claims...
by Richard D. Lieberman, Consultant | Apr 27, 2021 | Uncategorized
By Richard D. Lieberman, Consultant Suppose a size determination ultimately finds a contractor is “not small” but the award has already been made? (This is a distinct possibility given the timing of size protests). What can the agency do at that time? Amaze Tech....
by Public Contracting Institute | Apr 22, 2021 | Uncategorized
By Brett Egusa, Senior Legal Editor at Thomson Reuters Today we learned that the Federal Government has many unique and flexible contracting methods that it can use to fulfill special procurement needs. Under FAR 17.1 and 17.2, for example, we learn that the...
by Richard D. Lieberman, Consultant | Apr 20, 2021 | Uncategorized
By Richard D. Lieberman, Consultant Readers of this blog understand that there can be a difference between a Request for Equitable Adjustment (“REA”) and a claim under the Contract Disputes Act (“CDA”). But there frequently are situations where a contractor submits...
by Richard D. Lieberman, Consultant | Mar 31, 2021 | Uncategorized
Federal Acquisition Regulation (“FAR”) 15.306 states that negotiations with offerors in the competitive range are designed to “maximize the Government’s ability to obtain best value, based on the requirement and evaluation factors set forth in the solicitation.” This...
by Richard D. Lieberman, Consultant | Mar 23, 2021 | Uncategorized
The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) has a very clear-cut set of guidelines for deciding appeals of contractor’s size protests in connection with set-asides or other size issues. In response to a size protest, an Area...
by Public Contracting Institute | Mar 16, 2021 | FAR, FAR Facts, FUN with the FAR ℠ “Do You Know”
Did You Know? By: Jason Workmaster, Partner, Miller & Chevalier If you’re a commercial company interested in contracting with the Federal Government, then you’ll want to understand the in’s and out’s of how the government contracts for commercial items under FAR...
by Public Contracting Institute | Mar 16, 2021 | FAR, FAR Facts, FUN with the FAR ℠ “Do You Know”
Did You Know? By: Daniel Kelly, Partner, McCarter & English It was a privilege and a pleasure to guest host Steve Daoust’s first episode of Fun with the FAR – in full Star Trek uniform no less. Steve takes us where no one has gone before through his novel and...
by Public Contracting Institute | Mar 16, 2021 | FAR, FAR Facts, FUN with the FAR ℠ “Do You Know”
Did You Know? By: Tim Sullivan Sometimes the most interesting parts of Steve’s presentations are when he talks about things other than the FAR. For instance, in Wednesday’s session, Steve took the time to outline several basic steps that an offeror should take when...
