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 »

SBA COC & Government Certificate of Competency Bid Protests

What is an SBA Certificate of Competency (COC)? The SBA’s COC Program is governed by the Small Business Act, 15 USC 37(b);  13 CFR 125.5 and FAR Part 19.6. A Certificate of Competency is a written document from the Small Business Administration (SBA) to a Government contracting officer (CO) that decides… Read more »

Protesting Technically Unacceptable Proposal Decisions

Quite a few federal contractors find themselves disappointed in GAO’s protest decision that agrees with the agency’s evaluation decision. Protesting technically unacceptable proposal decisions in a GAO protest can be disappointing if contractors fail to apply the proper legal analysis in a bid protest.  When writing your technical proposal, merely… Read more »

Urgent and Compelling Circumstances — CICA Contracting

When government contracting agencies assert urgent and compelling circumstances, it is usually a predicate for override the Competition in Contracting Act (CICA Contracting) Automatic Stay or to justify a sole source award. Although agencies may heavily document its reasons, a successful bid protest can be possible if the contractor focused… Read more »

Right of Setoff

The government has a federal common law right of setoff costs, also referred to as offset, to balance mutual debts and it can be used as a defense against a contractor to better reconcile competing claims.  It is important to understand, as a contractor, when the government may be able to… Read more »

ASBCA Rules & Appeal Jurisdiction for Contractor Claims

Making sure that your government contract claim appeal is, and can be, heard by the proper body is critical.  If you file an appeal that cannot be heard, you are simply wasting time and money.  It is essential to make sure that ASBCA rules about jurisdiction and other statutory requirements… Read more »