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 »
There is a lot of confusion among small businesses when applying Service Disabled Veteran Owned Small Business SDVOSB sole source and VA Rule of Two Small Business rules versus SDVOSB set aside requirements. As a result, there are many unsuccessful bid protests filed on this matter. SVOSB Sole Source Contracts & Threshold Generally, an agency contracting… Read more »
Under the Federal Acquisition Regulations (FAR) “fixed-price government contracts with an economic price adjustment clause provides for upward and downward revisions of the stated contract price upon the occurrence of specified contingencies.” This is covered in FAR Part 16.203-1(a). To establish a case or bid protest challenging the agency’s improper use of… Read more »
Whether contemplating filing a government protest, or intervening into a bid protest that is already filed, CEOs must make a quick decision. Protest deadlines are very short, and there is not much time to think. Regardless of the decision, CEO’s must always make sure to get a debriefing – even… Read more »
For each bid protest filed, the Competition in Contracting Act (CICA) requires the contracting officer to “immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in more obligations being incurred by the United States under that contract.” See 31 USC… Read more »
Adverse contractor past performance evaluation in a GAO bid protest is a common problem for bidders. Sometimes there is a question about how the government contracting office evaluated your past performance and whether it complied with the stated evaluation criteria. There are a few things to keep in mind: First, although you… Read more »
GAO bid protest disputes often include challenges to the awardees technical proposals for existence and material solicitation requirements of key personnel. When you have to changes to the proposal after submission, you should always notify the agency of such changes. Do not simply let the evaluation process continue. For example,… Read more »
When evaluating a government proposal, the agency almost always uses a best value procurement RFP evaluation process for negotiated procurements. This concept comes into play when the Agency ultimately looks at the competing proposals and makes a subjective determination as to which proposal best suits the government’s needs. When you submit a… Read more »