GAO Sustains Protest For Improper Joint Venture Past Performance Evaluation

Avoid Costly Mistakes When Submitting 8(a) Joint Venture Past Performance  GAO protests continue to surface because of improper past performance evaluation of proposals. In a recent case, GAO sustained a protest because NASA considered the awardee’s past performance.  There was no record of actual performance. The problem was that the solicitation stated that NASA would not… Read more »

Latent and Patent Ambiguity Meaning

Court of Appeals Federal Circuit Bid Protest Decides Appeal Patent Ambiguity Dispute Many government contract bidders find the rules of patent ambiguity in solicitations to be very confusion. In many cases, they see the problem when filing a post-award bid protest. The recent decision at the US Court of Appeals… Read more »

FAR 15.306 Misleading or Meaningful Discussions

One reason why bid protests are successful is when the contractor shows that the failed to conduct lawful discussions. GAO looks at these issues very carefully.  The underlying principle of having meaningful discussions is the Competition in Contracting Act (CICA). Each bidder is entitled to its proposal being evaluated on equal… Read more »

Mistakes Made in GAO Protest For Corrective Action

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 »

Protesting Technical Proposal Evaluation & Management Factors

Protesting an agency’s technical proposal evaluation and management evaluation factors, and ultimate source selection decision can be problematic you do not show that the Source Selection Board acted unreasonably or failed to follow the RFP requirements. Technical Proposal Evaluation of Management Factors In a recent GAO protest, for example, the… Read more »