by Richard D. Lieberman, Consultant | Mar 31, 2016 | Uncategorized
A final decision on a claim by a contracting officer is a jurisdictional requirement for the Court of Federal Claims or a Board of Contract Appeals to consider an appeal of a contractor’s claim. Absent such a decision, neither the Court nor a Board will have...
by Richard D. Lieberman, Consultant | Mar 30, 2016 | Uncategorized
A recent case at the Government Accountability Office (“GAO”) clearly establishes that the technical data rights clauses in a solicitation are material clauses. If an offeror takes exception to them, or attempts to limit them, the offer must be deemed unacceptable. ...
by Richard D. Lieberman, Consultant | Mar 29, 2016 | Uncategorized
Sometimes the Government Accountability Office (“GAO”) unleashes its criticism on a protester, particularly when their arguments are completely illogical or contradictory. Every now and then the GAO heavily criticizes an agency not only for conducting a procurement...
by Richard D. Lieberman, Consultant | Mar 28, 2016 | Evaluation of Offers in Accordance with the RFP or IFB
The Government Accountability Office (“GAO”) is required to report to Congress annually in reports known as the “Annual Report on Bid Protests.” Congress added a new requirement to the report in fiscal year (“FY”) 2013, requiring that it include “a summary of the...
by Richard D. Lieberman, Consultant | Mar 25, 2016 | Basic Principles/Authority to Contract
For more than 50 years, the “Christian Doctrine” has been established law. The doctrine provides that if a mandatory contract clause is omitted from a government contract, and the clause expresses a significant strand of public procurement policy, it will be...