Commonly Used Best Value Determination Source Selection Evaluation Factors for Government Contracts & FAR Protests

Without a grasp of the commonly used best value source selection criteria and evaluation factors in agency source selection evaluations, protestors often find themselves at a disadvantage during the litigation stages. Government contracting agencies frequently use various evaluation techniques in their best value source selection process. Although companies may disagree with the results… Read more »

Cost Evaluation Methods Cost Realism Evaluation Bid Protest

Oftentimes, government contracting agencies attempt to support their cost evaluation methods and ultimate award solely on the cost submitted by the contractor. However, a flawed evaluation can become target to a bid protest at the Government Accountability Office (GAO). Cost Evaluation Methods in Cost-Reimbursement Contracts When an agency evaluates pricing… Read more »

Addressing Agency Source Selection Plan In GAO Bid Protests

When filing a GAO bid protest, it is important to understand that an agency’s source selection plan only provides internal agency guidelines.  The plan is generally for the agency’s internal usage and does not by itself give outside parties any rights. The plan typically becomes a highly-relevant topic after the bid protest is filed… Read more »

Past Performance Evaluation Scores Issues In GAO Protests

Gain Insight and Avoid Costly Mistakes When Challenging Past Performance Evaluation Scores When agencies evaluate technical proposals, the RFP may state that award would be made on a best-value basis, considering past performance evaluation as one of the weighted evaluation factors. Challenging past performance evaluation scores must be fact specific. Government… Read more »

Urgent and Compelling Circumstances in Government Contracting (CICA)

When government contracting agencies assert urgent and compelling circumstances, it is usually a predicate for override the Competition in Contracting Act (CICA government Contracts) Automatic Stay or to justify a sole source award. Although agencies may heavily document its reasons, a successful bid protest can be possible if the contractor… Read more »

FAR Commercial Items Clause and Market Research Requirements

Sometimes the government’s solicitation for commercial items substantially differs from customary commercial industry practices.  Companies seeking to bid on federal contracts could struggle with meeting the government’s FAR requirements. This can also create problems for bidders and even lead to a pre-award bid protest. If the federal government procures under… Read more »

Government GAO Protest and Corrective Action Cost

Understand GAO’s Analysis in a Government Protest and Getting Agency Corrective Action Cost An issue arises in a government contract protest where the agency elects to take corrective action, and when, if ever, can a protestor recover costs when the agency takes too long to take corrective action. Many contractors… Read more »

Neutral Past Performance Ratings

When an agency decides that your proposal does not show relevant past performance, the general rule under DOD Source Selection procedures is that you should not be rated either favorably or unfavorably. In other words, agencies should give bidders neutral ratings. Where a federal agency excludes and offeror from the… Read more »

SDVOSB Sole Source Threshold & VA Rule of Two

There is a lot of confusion among small businesses when applying Service Disabled Veteran Owned Small Business SDVOSB sole source and VA Rule of Two Small Business rules versus SDVOSB set aside requirements. As a result, there are many unsuccessful bid protests filed on this matter. SVOSB Sole Source Contracts & Threshold  Generally, an agency contracting… Read more »