FAR 15.306 Misleading or Meaningful Discussions

One reason why bid protests are successful is when the contractor shows that the failed to conduct lawful discussions. GAO looks at these issues very carefully.  The underlying principle of having meaningful discussions is the Competition in Contracting Act (CICA). Each bidder is entitled to its proposal being evaluated on equal… Read more »

Mistakes Made in GAO Protest For Corrective Action

Often, government contracting agencies take corrective action when contractors file a GAO protest. Taking corrective action mainly takes away jurisdiction from the court to hear the case. A recent GAO protest case illustrates mistakes made in a GAO protest for corrective action. In that bid protest, the protestor argued that after… Read more »

Protesting Technical Proposal Evaluation & Management Factors

Protesting an agency’s technical proposal evaluation and management evaluation factors, and ultimate source selection decision can be problematic you do not show that the Source Selection Board acted unreasonably or failed to follow the RFP requirements. Technical Proposal Evaluation of Management Factors In a recent GAO protest, for example, the… Read more »

Representations and Certifications Reps and Certs FAR 52.212 3

When submitting a bid for federal contractors, offeror representations and certifications (proposal’s reps and certs ) can become a serious issue. Bidders are sometimes sanctioned with false claims and potential suspension and debarment when submitting proposals to the federal government.  Failure to perform due diligence with your company reps and… Read more »

Government Proposal Writing and Bid Submission Mistakes

Part of a bidder’s government proposal writing efforts is to make sure that it follows the bid submission directions in the solicitation. As obvious as this may sound, companies have been known to make mistakes and cause their proposals to be rejected by the contracting agency. In a recent case,… Read more »

Buy American Act Countries List — Fair Trade TAA Compliance Rules?

When applying the rule for establishing Buy American Act qualifying countries of origin, contractors doing business with the federal government should understand the basics of Buy American Act compliance. Many companies make dangerous mistakes and find themselves facing costly penalties and fines(including losing lucrative federal contracts in a bid protest.) Federal regulatory… Read more »

SDVOSB Small Business Set Aside & Government Market Research

A question often arises as to whether in an SDVOSB small business set aside the federal government can restrict market research to a local geographic area. These are tough issues to address in a bid protest setting. The first thing that potential bidders must realize is that there is concern… Read more »