Dick Lieberman,ConsultantSep 19, 20172 minDon't Submit a Small Business Set-Aside Protest to the Wrong ForumThe decision on whether or not to set-aside a procurement for small business is based on Federal Acquisition Regulation (“FAR”) Subpart...
Dick Lieberman,ConsultantSep 19, 20173 minAgency Mistake: Conducting Prejudicially Misleading DiscussionsThe Government Accountability Office (“GAO”) has frequently stated that agencies may not prejudicially mislead offerors when they conduct...
Dick Lieberman,ConsultantSep 19, 20174 minDon't Think You Can "Appeal" A Bid Protest Decision of the Government Accountability OMany disappointed bidders submit their initial bid protest to the GAO, but if they lose there, they can take their case to the Court of...
Dick Lieberman,ConsultantSep 19, 20173 minAgencies: Don't Make the Mistake of Refusing to Pay Reasonable and Valid Legal Fees on SustainedThe Competition in Contracting Act provides that the Government Accountability Office (“GAO”) may recommend that an agency pay legal fees...
Dick Lieberman,ConsultantSep 19, 20175 minUnderstand Incorporation by Reference in Order to Avoid MistakesBlack’s Law Dictionary (5th Ed. 1979) defines “incorporation by reference” as the “method of making one document …become a part of...
Dick Lieberman,ConsultantSep 19, 20175 minContracting Officers: Don't Make the Mistake of Changing your RFP After Final Proposal RevisionsDiscussions in negotiated procurements are a fertile area for agency mistakes. There are two fundamental reasons for conducting...
Dick Lieberman,ConsultantSep 19, 20173 minDon't Make the Mistake of Thinking that the Small Business Set-Aside Does Not Apply Unless the CA recent Government Accountability Office (“GAO”) protest indicates that if a contract is to be performed in part in the United States...
Dick Lieberman,ConsultantSep 19, 20175 minOn Requests for Quotations (RFQ), It's a Mistake for the Government to Try to Have Its Cake and In two recent bid protest cases, the Government has sought to have its cake and eat it too—by conducting competitions under the General...
Dick Lieberman,ConsultantSep 19, 20173 minThe RFQ MistakeAn Agency's use of a Request for Quotation (“RFQ”) for a procurement may result in a losing situation for a government contractor. That...
Dick Lieberman,ConsultantSep 19, 20171 minA Contracting Officer's Mistake about a MistakeIn a post-award bid protest of a sealed bid FAR Part 14 Federal Highway Administration ("FHA") award for road construction in the Virgin...
Dick Lieberman,ConsultantSep 18, 20173 minHow Agencies Can Avoid One Serious Mistake in DiscussionsIn negotiated procurements, there are two types of exchanges between the government and offerors: 1) Clarifications are limited exchanges...