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 »
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 »
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 »
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 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 »
When the government considers buying from a sole source contract vs single source contract, the simplified procedures established under FAR Part 13 are designed to promote efficiency and economy in federal government contracting and to avoid unnecessary burdens for agencies and contractor. When using simplified acquisition procedures, agencies are only required… Read more »
When agencies evaluate your subcontractor proposal’s past performance, it must properly consider the Subcontractor’s Performance of your named teaming partners or subcontractors. The government uses subcontractor performance evaluation critieria to establish a level of confidence when determining the best value. The government will look at the offeror’s success on performing recent and… Read more »
Given the heightened efforts by federal law enforcement agencies to pursue Large DOD contractors and small businesses for violating Buy American Act requirements, companies want to ensure that they avoid criminal and civil liability. When challenging government contract award decisions under Buy American Act FAR 52.225-1, FAR Part 25, DFARS… Read more »
Oftentimes bidders find that their cost realism evaluation in government contracting may be flawed and they may want to file a bid protest. A common problem in the evaluation process is when the agency fails to properly evaluate whether the number of hours proposed by each contractor is realistic from a cost standpoint. … Read more »
There has been recent litigation as to the small business VA rule of two small business set aside rules and agency assessments before using the FSS Schedule. This can be a problem especially when filing a government contract bid protest at GAO or Court of Federal Claims under FAR 19.502-2 or other VA… Read more »