Oftentimes, government contracting agencies attempt to support their cost evaluation methods and ultimate award solely on the cost submitted by the contractor. However, a flawed evaluation can become target to a bid protest at the Government Accountability Office (GAO). Cost Evaluation Methods in Cost-Reimbursement Contracts When an agency evaluates pricing… Read more »
When filing a GAO bid protest, it is important to understand that an agency’s source selection plan only provides internal agency guidelines. The plan is generally for the agency’s internal usage and does not by itself give outside parties any rights. The plan typically becomes a highly-relevant topic after the bid protest is filed… Read more »
The FAR Buy American Act, 41 USC 10a -10d (2000 and Supp. I 2001), provides for the acquisition of American materials and goods for public use. The exception to the rule is that such an acquisition is inconsistent with the public interest or the cost is unreasonable. If there is… Read more »
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 »