When a government agency submits a request for proposal (“RFP”), the agency can make amendments and changes to the government solicitation requirements. The Federal Acquisition Regulation permits agencies to request revised government proposals, even where the original awardee’s price has been disclosed. Jackson Contractor Grp., B-402348.2 (2010). Agency Discretion with… Read more »
Protesting the Small Business Administration SBA North American Industry Classification System (NAICs Codes) size standard for a government contract can be tricky when you try to qualify as small. This is especially true when there are differences between the amount of labor required and the overall cost of the contract. How Does… Read more »
When submitting government proposals, getting a fair and reasonable price in government contracts under the Federal Acquisition Regulation (“FAR”) is a highly contested issue. You have to avoid costly mistakes of assuming that the lowest price offeror should get the award or that the government has more than likely conducted… Read more »
The lowest price technically acceptable source selection process (LPTA) is commonly used by government contracting agencies when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price. Many solicitations are now advertised as using the lowest cost technically acceptable source selection process. Agencies… Read more »
Better Understand the Basics of CICA Rule of Two Small Business Set Aside Decisions If you are considering protesting agencies’ small business set-asides and their application of the SBA small business set-aside Rule of Two at GAO or Court of Federal Claims, you should be aware that this can be a very… Read more »
Filing a GAO protest alleging unbalanced pricing and bidding based on the lowest technically acceptable price is tricky and must be approached with caution. Oftentimes a protestor may allege that the successful awardee’s bid is so low that it is unbalanced. If this is all you state in the protest without… Read more »
Sometimes Meeting the Legal Definition of What is an Interested Party in Bid Protest Litigation is not Always Simple. If you are contemplating filing a bid protest, you must first be sure that you are an interested party. If you are not, the case will be dismissed. The Federal Circuit… Read more »
In any government contract bid protest, and under bid protest intervenor law, any interested party, including the awardee, can intervene and protect their rights to the contract. The Court of Federal Claims (COFC) does not have very many statutory provisions for intervenor law. GAO bid protest rules typically set the… Read more »
When bid protests are filed, government contracting agencies may see merit to your case. As a result, they may decide to take corrective action. The problem usually arises when federal agency corrective action is taken but you believe that such action was not appropriate. Should you file a protest? It depends…. Read more »