by Richard D. Lieberman, Consultant | May 31, 2016 | Uncategorized
A recent blog identified “Six Recurring Agency Mistakes in Discussions.” One of the frequently repeated mistakes (conducting unequal discussions) was again repeated in a recently sustained Government Accountability Office (“GAO”) protest decision, Deloitte Consulting,...
by Richard D. Lieberman, Consultant | May 23, 2016 | Evaluation of Offers in Accordance with the RFP or IFB
The Government Accountability Office (GAO) has considered numerous protests alleging that an offeror’s bid was “unbalanced.” Only a small number of these protests have been sustained. In Al-Tahouna Al-Ahliah Gen. Trading & Contracting Co, WLL, et al, B-412769 et...
by Richard D. Lieberman, Consultant | May 16, 2016 | Uncategorized
Two recent cases at the Small Business Administration Office of Hearings and Appeals (“OHA”) address affiliation of companies based on “identity of interest” and discuss two different aspects—common investments and economic dependence. They are instructive in the...
by Richard D. Lieberman, Consultant | May 10, 2016 | Claims and Remedies
Most small (and even some large) businesses don’t realize how easy it is to appeal a denied claim to either the Armed Services Board of Contract Appeals (“ASBCA”) or the Civilian Board of Contract Appeals (“CBCA”), depending on the agency that awarded the contract. ...
by Richard D. Lieberman, Consultant | May 9, 2016 | Uncategorized
Discussions may become a very important part of a negotiated procurement. Discussions always occupy a compelling spot in the lore of sustained protests, because agencies keep repeating their mistakes. For years, agencies have had trouble conducting discussions,...