Understanding how to navigate LPTA evaluation criteria mistakes can allow you to get a second bite at the apple. Lowest Price Technically Acceptable, lowest price technically acceptable evaluation factors are commonplace when it comes to federal procurement and litigating FAR protests. A common mistake made by contractors when litigating bid protest cases… Read more »
When agencies use their source selection process for evaluation and best value trade-off of technical proposals, the government contract law only allows for reasonable technical proposal and best value trade-off decisions. This occurs during the final stages of a negotiated procurement by comparing competing proposal to each other. When the Agency receives initial proposals,… Read more »
In a GAO bid protest that challenges the agency’s small business set aside decision, contractors would have to focus on facts pertaining to the prior procurement history, the recommendations of appropriate small business specialists, and market surveys that include responses to sources sought announcements. This one reason why government contracting agencies issue… Read more »
Types of Bid Protest Intervention At the U.S. Court of Federal Claims adopts two types of bid protest intervention. They are: intervention as of right or by permission of the court. In either case, you or your attorney must enter the case in a timely fashion. Who May Intervene? As a government… Read more »
Intervening Learning how to intervene and defend in a bid protest at GAO or Court of Federal Claims stems from a standing and litigation strategic plan. Under 4 CFR 21, An intervenor in a bid protest is typically the awardee. There is much litigation on this very issue. Government contractors must take the… Read more »
Not Protesting Government RFPs Early Can Impact Your Proposal Evaluation. As government contractors, you may sometimes run across an RFP that appears vague or even narrowly written for another contractor and you wonder whether you can file a bid protest on those grounds. In other situations, you wonder whether the… Read more »
Although congressional mandates show an increase in total small business set aside procurement, filing a bid protest that challenges the contracting agency’s decision to set aside a procurement for small businesses must be approached with extreme care. The ultimate concern under FAR 19.502 is to understand what exactly is the government contracting agency supposed… Read more »
Some contractors find it confusing when protesting the government’s best value trade off analysis. Without having a basic understanding of the agency’s discretion compared to what the procurement regulations require, your bid protest could be at risk. Get a second bite at the apple! Without a proper understanding, contractors quickly find… Read more »
Almost every government contractor will experience some level of frustration when dealing with best value trade off decisions made by contracting agencies. The gist of any challenge in a bid protest is to show how the source selection evaluation members failed to assess a critical component of the stated evaluation… Read more »
If you are filing a GAO bid protest because of a dispute about your proposal past performance evaluations, you should first understand that as a general rule contracting agencies have wide discretion to evaluate proposals based upon their own independent judgment. However, a protest lawyer that shows that the agency’s evaluation scoring… Read more »