Many contractors have questions about a bid bond guarantee and SBA surety bonds and if their rejected bids can be protested on these grounds. Many government contracts require some form of a surety guarantee or bond. If your proposal does not comply with the solicitation requirement for a bid guarantee,… Read more »
Bid and proposal costs can be expensive. Many contractors wonder whether they can recover bid and proposal cost incurred while preparing to submit their bid. The answer is sometimes. Many companies fail because they do not fully understand the legal requirements. It often depends on whether or not there was a… Read more »
Gain Insight and Avoid Costly Mistakes When Challenging Past Performance Evaluation Scores When agencies evaluate technical proposals, the RFP may state that award would be made on a best-value basis, considering past performance evaluation as one of the weighted evaluation factors. Challenging past performance evaluation scores must be fact specific. Government… Read more »
Agency bid protests can be worth the effort at times. However, there is downside. You have the right to file a federal agency protest when you find out that you are the unsuccessful bidder. You can also file a bid protest at the Government Accountability Office (GAO) or the U.S. Court of… Read more »
In government contracting, agencies sometimes buy COTS commercial off the shelf items and services (COTS products). Simply put, when the government buys these commercial items or services, there is not much that must change. Getting involved in disputes with the government or engaging in bid protest litigation can create a… Read more »
When government contracting agencies assert urgent and compelling circumstances, it is usually a predicate for override the Competition in Contracting Act (CICA government Contracts) 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… Read more »
Meeting SBA size protest timeliness requirements can be a problem when you are not sure when the clock actually starts. More importantly, filing an untimely size protest can eliminate your opportunity for a second chance at a government project. In many situations, because there is confusion about when the… Read more »
Sometimes the government’s solicitation for commercial items substantially differs from customary commercial industry practices. Companies seeking to bid on federal contracts could struggle with meeting the government’s FAR requirements. This can also create problems for bidders and even lead to a pre-award bid protest. If the federal government procures under… Read more »
Understand GAO’s Analysis in a Government Protest and Getting Agency Corrective Action Cost An issue arises in a government contract protest where the agency elects to take corrective action, and when, if ever, can a protestor recover costs when the agency takes too long to take corrective action. Many contractors… Read more »
When an agency decides that your proposal does not show relevant past performance, the general rule under DOD Source Selection procedures is that you should not be rated either favorably or unfavorably. In other words, agencies should give bidders neutral ratings. Where a federal agency excludes and offeror from the… Read more »