Government Contracts Blog

Government Contracts Law, Bid Protests, Claims & Business Law Matters

This site is available for readers to understand the legal issues that can arise in government contracts and business operations. Our attorneys provide information related to GA bid protests, Government construction, contract disputes and claims appeal, business law matters and more.


Bid Protest Lowest Price Technically Acceptable Versus Best Value

Government agencies are advertising many of the Requests for Solicitation under a Lowest Price Technically Acceptable (LPTA) award criteria. However, there are still a vast amount of negotiated best value evaluations. When filing a bid protest at the Government Accountability Office (GAO) or Court of Federal Claims, your  primary argument in […]

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Difference in FAR 15 Discussions and Clarifications in GAO Protests

A common misunderstanding when filing a GAO protest is the difference between FAR 15 discussions and clarifications. The government sometime tries to characterize what would legally require meaningful discussions as a mere clarification. The GAO, however, looks at specific detail to decide a bid protest. Difference Between Clarifications and Discussions […]

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Construction Claims Resolution and Appeals in Federal Government Contracts

government construction claims resolution and appeals lawyer

Government construction claims resolution has become a nightmare for construction contractors that are filing disputes and appeals or submitting claims to the federal government. This is even true for settlement proposals in termination for convenience cases. The Court of Federal Claims or Board of Contract Appeals generally dismisses government construction […]

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Technical Evaluation Criteria of Contractor Proposal GAO Protest

GAO protests based on errors in government’s technical evaluation criteria of contractor proposal are very common. In order to prevail in a bid protest, a bid protest lawyer will have to show that the agency’s actions were unreasonable. Common approaches to challenging government contracting agencies technical evaluation can range from […]

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GAO Protest Exclusion From Competitive Range

Government contractors often will file a GAO protest of exclusion from the competitive range. To stand a chance of winning a bid protest at GAO, you must first understand the basic rules of why contracting agencies decide on excluding bidders from the competitive range. First, contracting agencies are not required […]

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Contract Disputes Act of 1978 and Pass Through Claims Lawyers

A common problem under the Contract Disputes Act of 1978 (CDA) occurs when the subcontractor engages in a pass through claims agreement with the prime contractor. Pass through claims in federal construction projects and service contracts can become a nightmare for subcontractors when the claims are not properly handled by either the […]

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Price Realism Improper Evaluation in GAO Bid Protests

There is a recent trend increase in GAO bid protests for improper price realism evaluations and bidders’ technical proposals. Why is this becoming a problem? Some government contractors believe that the new generation of contracting personnel require more training or simply may require a more thorough understanding of the rules. […]

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GAO Protest Construction Bid Bonds Important Issues for Contractors

An agency’s fear of construction bid bonds can become problematic and cause contractors to file a GAO protest. Construction bid bonds guarantee is a form of security that ensures that a bidder will not withdraw its bid within the period specified for acceptance and, if required, will execute a written contract […]

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GAO Protest For Non-Responsive Bid Proposals

What happens in GAO protests challenges when your competition challenges your bid as non-responsive? Sometimes, you may think that the omission or error in your bid is minor and that you should not be penalized. However, successful GAO protests hinges on whether the agency’s waiver or your omission is equivalent […]

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SBA Size Protest – On What Date Does Your Size Count?

A common question arises as to what date does your size count for an SBA size protest. SBA regulations stipulate that if you meet the size standards  at the time you receive the contract, then you are considered a small business throughout the life of that contract. See 13 C.F.R. […]

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