Bid Protest Challenging Technical Evaluation Scores as an Incumbent

Simply Depending on Your Experience as an Incumbent Does Not Get the Win When challenging a government contracting agency’s technical evaluation scores as an incumbent contractor, whether for past performance or overall technical approach, you must be mindful that if you are the incumbent contractor, that status alone does not provide… Read more »

Indefinite Delivery, Indefinite Quantity Contracts and IDIQ Minimum Guarantee

Many government contractors submit IDIQ proposals for indefinite quantity contracts expecting a guaranteed minimum requirements from the government.  Not all agencies comply with the stated contract requirements and may be in breach of contract. However, bidders should exercise caution when reading the solicitation. When the language is clear in the solicitation and the government… Read more »

FAR 52.212-3 Offeror Representations and Certifications Form

When you submit your proposals for government contracts, bidders often forget to actually check their offeror reps and certs form and comply with FAR 52.212-3. This can be a fatal mistake if the agency finds out that you have represented your company as not being a small business. Although you may… Read more »

Challenging FAR 52.219 9 Small Business Subcontracting Plan Requirements

Small Business Subcontracting Plan requirements under FAR 52.219-9 are frequently seen in solicitations from the federal government. The underlying reason is to advance opportunities to small businesses in larger contracts. This is an example of Congress’s efforts to provide more contracting vehicles to smaller companies. FAR Subcontracting Plan requirements usually seek… Read more »

Filing or Intervening SBA Small Business Size Protests

Oftentimes government contractors may want to file SBA size standards protest because they have reason to believe that the awardee does not meet the definition of a small business. However, given the short deadlines, companies have a difficult time explaining why the competitor is not a small business. This procedural requirement that… Read more »

Addressing Government Cancellation of Solicitation In A Bid Protest

Whenever government contractors file a bid protest addressing the government cancellation of solicitation, there are certain considerations they must contemplate.   For example, in a recent GAO protest, Matter of: TaxSlayer LLC, the firm protested the Government’s cancellation of the solicitation and GAO did not agree with protestor’s arguments. GAO disagreed… Read more »

Meaningful Discussions vs Unequal Discussions in Bid Protests

Understanding the Difference Between Meaningful Discussions and Unequal Discussions Can Improve Your Chances of Winning Bid Protests A common misunderstanding in analyzing meaningful discussions as compared to unequal discussions in bid protests is the legal application under the FAR and in a bid protest forum such as the GAO. Without a clear understanding, contractors… Read more »

When Can Your Late Bid Proposal Submission Be Accepted?

When deciding whether the contracting officer or agency can accept a late bid proposal submission, there are some very harsh decisions both at GAO and at the U.S. Court of Federal Claims. A recent GAO Case dealt with late proposal submission in a reverse auction. GAO found that the protestor had… Read more »