Recently, many federal government contract bidders have experienced an adverse contractor responsibility determination trend when the agency evaluates their proposal. There are specific actions that the contracting officer must follow. Without a clear understanding of the regulations, you could miss out on a lucrative contract award. Challenging the agency’s nonresponsibility… Read more »
If You Do Not Correctly Apply the CAFC Federal Circuit Rules and Standard of Review in Bid Protest Appellate Cases, Your Case Will Fall Through the Cracks. When appealing a case to the United States Court of Appeals for the Federal Circuit (CAFC), the party appealing the case, usually from… Read more »
Becoming a bid protest intervenor is usually pretty simple. However, there are many cases where government contractors believed that the would become a bid protest intervenor but quickly found out that they were really not an interested party with legal standing to intervene in the protest. Many contractors attempt to… Read more »
The Federal Circuit Court of Appeals decided a bid protest case where the issue was whether the agency properly referred the offeror’s technical responsibility decision to the Small Business Administration for a COC Certificate of Competency review. This has become a common dispute in bid protest appeal cases. As a… Read more »
What Does Ambiguity Mean? Many government contract bidders find the rules of patent ambiguity in solicitations to be very confusing. In many cases, they see the problem when filing a post-award bid protest. The recent decision at the US Court of Appeals for the Federal Circuit illustrates how important it… Read more »
A common dispute arises in federal government contracting as to whether a term extension for a General Services Administration (GSA) Federal Supply Schedule Contract FSS task order constitutes a new contract. The US Court of Appeals for the Federal Circuit ruled on this very issue in a recent case. The… Read more »
One reason why bid protests are successful is when the contractor shows that the failure to conduct lawful discussions under FAR 15.306 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… Read more »
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 »
A question often arises as to whether in service-disabled veteran owned business SDVOSB set aside contracts the federal government can restrict market research to a local geographic area. These are tough issues to address in bid protest litigation. The first thing that potential bidders must realize as a Veteran Owned… Read more »
Do you have a government contract Transition Plan checklist when you bid on federal contracts? Only about 64% of contractors include a vendor transition plan checklist at the proposal development stage. The remaining 36% fail to include a plan simply because the solicitation did not call for one. This is… Read more »