Withdrawing from Competition Means There is a Lack of Standing to Bring an SBA Size Protest In Size Appeal of AeroSage, LLC, SBA No. SIZ-5883 (2018) The SBA Office of Hearings and Appeals (OHA) ruled that the SBA Area Office correctly dismissed the small business size standard protest for lack… Read more »
Compared to regularly solicited proposals by the federal government, writing FAR Part 15.6 unsolicited proposals can be a daunting process. Further filing a bid protest regarding the agency’s improper rejection of your unsolicited proposal can be that much more difficult. However, the US Federal Circuit Court of Appeals outlined the… Read more »
Government contractors sometimes have to make a decision to engage in protesting federal government contract awards. This level of litigation can be brought before the contracting agency, the Government Accountability Office, or the U.S. Court of Federal Claims. To help to make the process easier, companies should start the decision… Read more »
When the federal government’s contracting agency tries to justify lower past performance evaluation scores, your company at first glance may find it hard to challenge the decision in a bid protest. As in every litigation case, facts drive almost everything. Bid protests based on contractor past performance have less than… Read more »
The Federal Circuit Court of Appeals decided a bid protest case where the issue was whether the agency properly referred the offeror’s technical responsibility decision to the Small Business Administration for a COC Certificate of Competency review. This has become a common dispute in bid protest appeal cases. As a… Read more »
National Defense Authorization Act of 2013 and the New Final Rule in 13 CFR 121.404. Are you a small business that has recently sold, merged or been acquired by another entity? New promulgations of the federal rules may impact when you have to recertify your business’s size. SBA determines the… Read more »
What Does Ambiguity Mean? Many government contract bidders find the rules of patent ambiguity in solicitations to be very confusing. In many cases, they see the problem when filing a post-award bid protest. The recent decision at the US Court of Appeals for the Federal Circuit illustrates how important it… Read more »
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 »
Sometimes when the US Court of Federal Claims rules adversely on a motion for judgment upon the administrative record in a bid protest, you can appeal the decision to the US Court of Appeals for the Federal Circuit. There are many cases where the Federal Circuit Court of Appeals has… Read more »
Lawyers Appealing from COFC Federal Claims Protest Decisions to the Court of Appeals for the Federal Circuit In a recent case, the United States Court of Appeals for the Federal Circuit reversed a bid protest decision from the Court of Federal Claims because the appellant had failed to first exhaust… Read more »