When you as a government contractor decide to file a bid protest that challenges the agency’s evaluation of your proposal, there is a striking difference between a government solicitation that will be evaluated on a lowest price technically acceptable (LPTA Contract) source selection process versus a proposal that will be evaluated… Read more »

Government construction claims resolution and appeals in federal government contracts have become a nightmare for construction contractors that are filing disputes and appeals or initially submitting claims to the federal government. This is even true for settlement proposals in termination for convenience cases.  The COFC or Board of Contract Appeals dismisses… Read more »

GAO protests based on errors in government’s technical evaluation criteria of contractor proposals 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 criteria can range… Read more »

A common problem under the Contract Disputes Act of 1978 (CDA) when the subcontractor engages in subcontract with the General Contractor seeking pass through rights in the event of a claim against the federal government.  Pass through contract claims and rights in federal construction projects and service contracts can become a… Read more »

Non responsive bid proposals occur when the contracting agency excludes your bid because it materially failed to follow the solicitation requirements. Unless your mistake was minimal and immaterial, GAO tends to rule that the Agency made a reasonable decision. However, there are situations where agency exclusions were unreasonable. What happens in… Read more »

A contracting officer’s final decision carries a lot of weight in federal procurement. For example,  a federal contracting officer is the final authority for approving or denying claims or requests for equitable adjustments.  The best way to secure a favorable decision is to always communicate early in the process. Construction claims… Read more »

The Federal Prompt Payment Act (PPA), 31 USC 3901-3905 , ensures that federal agencies pay vendors for their invoices on time. However, not all government invoices paid on time. This not only creates a hardship; it also impacts the contractor’s ability to perform other contracts and meet other financial obligation. Prompt payment… Read more »

Filing a United States Court of Federal Claims motion to intervene in a bid protest can be a tricky process. Bid protest lawyers sometimes run afoul of the court’s analysis for motions to intervene. US Court of Federal Claims Rules For Motion for Intervention Intervention Definition & Meaning A motion to… Read more »

The best way to differentiate between a bid protest and contract dispute is to first establish whether there is actually a contract. During the bid protest stage, the only one who actually has a contract is the awardee. In a government contract protest, the protestor  is not a party to… Read more »

Technical proposal writing criteria for federal government contracts can lead to a GAO bid protest on the issue of technical evaluation criteria and the evaluation scoring. You can only prevail in a protest by showing that the agency record fails to demonstrate a reasonable basis for several of the agency’s… Read more »