Recently, incumbent contractors are finding that they are losing more and more government contracts and subsequent bid protest. They also find it difficult to write more competitive government proposals that increase their chances of follow-on contracts. As the apparent successful offeror, you should also be mindful of the dreadful affiliation… 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 »
Sole source justification in government contracting can be a heated debate during bid protest litigation. Oftentimes, the agency may choose to place its notice on Federal Business Opportunities (“fbo“) with supporting rationale. However, it is the government’s supporting rationale that can be subject to filing a bid protest. Although the agency’s… Read more »
As a federal contractor, you might be familiar with the general rule that is you have grounds to file a bid protest due to improper proposal evaluation or some other valid reason, you as the disappointed offeror can file a bid protest at the Government Accountability Office (GAO) and obtain… Read more »
OCI Organizational Conflict of Interest FAR Guidance Hiring of Former Government Officials If your company hires a former government official, it can be disqualified from a competition based upon the appearance of impropriety which is created by the hire. There is no requirement for an actual impropriety to be shown in… Read more »
Filing Pre-Award GAO Protests for Overly Restrictive RFP Requirements As a CEO, you wonder how you can overcome government RFPs with overly restrictive RFP requirements. Whether intentional or not, government contracting agencies sometimes post RFP’s that appear to be too restrictive. Your task is to understand how to overcome this… Read more »
For government contractors, there are two primary mechanisms to address disputes related to federal government contracts: filing a government protest and filing a Contract Disputes Act (CDA) claim. While both processes aim to resolve disputes related to government contracts, they are distinct and differ in their procedures and outcomes. When… Read more »
Contractors frequently find that their technical proposal evaluation contained some level of error. A GAO protest can be sustained if you can show that the agency failed to reasonably evaluate your technical proposal writing risk in accordance with the terms of the solicitation. This aspect of filing can be tricky because… Read more »
A bad past performance evaluation rating can impact your overall chances of getting the ultimate award in government contracting. Many contractors file a bid protest addressing how the government applied its contractor past performance evaluation criteria but fall short of a viable strategy for doing so. The rationale for Performance… Read more »
Service Disabled Veteran Owned Small Business / SDVOSB certification requirements) decisions for government contracts is becoming a hot item in bid protest litigation. When it comes to Department of Veteran Affairs solicitations for SDVOSB Set Aside Contracts, government contracting agencies sometimes fail to follow statutory requirements for market research. When… Read more »