Whether contemplating filing a government protest, or intervening into a bid protest that is already filed, CEOs must make a quick decision. Protest deadlines are very short, and there is not much time to think. Regardless of the decision, CEO’s must always make sure to get a debriefing – even… Read more »
For each bid protest filed, the Competition in Contracting Act (CICA) requires the contracting officer to “immediately direct the contractor to cease performance under the contract and to suspend any related activities that may result in more obligations being incurred by the United States under that contract.” See 31 USC… Read more »
Adverse contractor past performance evaluation in a GAO bid protest is a common problem for bidders. Sometimes there is a question about how the government contracting office evaluated your past performance and whether it complied with the stated evaluation criteria. There are a few things to keep in mind: First, although you… Read more »
GAO bid protest disputes often include challenges to the awardees technical proposals for existence and material solicitation requirements of key personnel. When you have to changes to the proposal after submission, you should always notify the agency of such changes. Do not simply let the evaluation process continue. For example,… Read more »
Bid protest filed at the Court of Federal Claims is considered a new protest and not a direct appeal of the Government Accountability Office’s protest decision. When considering a contractors’ decision to file a Bid Protest at COFC or GAO, there are times when a contractor’s risk of forfeiting revenues… Read more »
Ratings for a government contractor’s past performance can create grounds for a bid protest if you have a clear understand of the applicable laws. A commonly missed mistake in the agency’s past performance evaluation is when the bidder is not awarded solely for past performance reasons. GAO decided this very… Read more »
Learn how to avoid costly mistakes when challenging the government’s source selection decision in a protest based on best value versus lowest price evaluation criteria. Sometimes government contractors may fall short of winning arguments in a source selection decision protest challenging DOD source selection decisions and ultimate contract award decision…. Read more »
Government contracting agencies’ Source Selection Board decisions often come under fire in bid protest when there is a large and complex acquisition. The evaluation board helps the contracting officer to develop the source selection plan. The plan is supposed to evaluate bidders against the proposal evaluation criteria. However, government contracting agencies… Read more »
Was the Government Procurement Process for Your Bid Properly Applied? What are Your Options? Theodore P Watson, Esq. Federal government agencies tend to use the best value contracting procurement process as the preferred proposal evaluation criteria. The idea is to use taxpayer dollars to buy the best quality and value of… Read more »
When it comes to unduly restrictive language and government protests, to prevail in litigation, you first must understand the parameters in which the government contract write its requests for proposals. Many contractors wonder whether the government can unduly restrict competition. “Unduly restrictive Solicitations” means that you are challenging both the restrictive… Read more »