Theodore P. Watson, Esq. When government procurement agencies do not comply with the terms of the solicitation or violate applicable procurement law, the unsuccessful offeror can file a bid protest. The protest must specifically challenge the agency actions decisions and must also meet certain procedural requirements. Federal contractors should be… Read more »
One of the issues in filing a bid protest is the timeliness rules. Even more confusing is the deadline to file to GAO protest and the timeline to have the CICA stay enforce. Getting the confusing details sorted can make the difference between getting the case heard and getting the… 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 »
Do you have a government contract Transition Plan checklist when you bid on federal contracts? Only about 64% of contractors include a vendor transition plan checklist at the proposal development stage. The remaining 36% fail to include a plan simply because the solicitation did not call for one. This is… Read more »
After 1997, FAR competitive range requirements are somewhat different. Before, the Agency had to consider whether your proposal stood a reasonable chance of award. However, FAR § 15.306(c)(1) a government contracting agency can exclude your proposal from the competitive range if it is not rated as one of “most highly… Read more »
Filing a bid protest based upon allegations that the agency failed to conduct a proper price realism evaluation analysis can be tricky. The reason why government contractors fail in GAO protests is mostly because they find themselves arguing how the agency is supposed to conduct the price realism evaluation. An… Read more »
Protesters often file bid protests challenge a government contracting agency’s past performance evaluation confidence ratings of their proposals. Common concerns include the agency’s assignment of an unsatisfactory past confidence ratings. Agencies often find that your past performance examples or references were not relevant. This is where the initial controversy begins…. Read more »
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 »
Understanding the specific roles at the agency level and what the Small Business Administration SBA must do when evaluating your proposal for a Government Certificate of Competency (COC) and responsibility can save you the contract. What is the Small Business Certificate of Competency Program? In defense contracting, a Certificate of… Read more »
What is the Best Approach to Challenge the Requirements Under FAR 52.219-9? Minimize the Chance of Noncompliance and Contract Termination FAR 52.219-9 small business subcontracting plan requirements are frequently seen in solicitations from the federal government. The underlying reason is to advance opportunities for small businesses in larger contracts. Contractors… Read more »