Sole source justification in government contracting can be a heated debate during bid protest litigation. Oftentimes, when decide to protest bids, the agency may choose to place its notice on Federal Business Opportunities (“fbo“) with supporting rationale. However, it is the government’s supporting rationale that can be subject to filing… Read more »
GAO recently sustained a bid protest about meaningful FAR discussions in the Matter of: Marathon Medical Corporation because the agency failed to hold meaningful discussions under FAR Part 15 with the protestor. In that case, Marathon’s FAR protest alleged the Department of Veteran Affairs improperly held discussions with the awardee, but… Read more »
As a federal contractor, you might be familiar with the general rule that is you have grounds to file a bid protest due to improper proposal evaluation or some other valid reason, you as the disappointed offeror can file a bid protest at the Government Accountability Office (GAO) and obtain… Read more »
Taking corrective action for purposes of an agency protest, means that the Agency has chosen to re-evaluate proposals, re-enter discussions, or some other aspect of the source selection process. Bidders are not always happy with the actual agency corrective action. However, the question becomes what legal avenues are available to the challenge… Read more »
How Do You Know When Government Agencies Conduct Meaningful Evaluation of Proposals? In the GAO bid protest of Prism Maritime, LLC , B-409267.2; B-409267.3, the protestor challenged the Department of the Navy’s lack of meaningful evaluation of proposals under the technical capability and experience factor, and also challenged the Navy’s… Read more »
Under bid protest regulations, meeting the intervenor legal definition in either a COFC or GAO bid protest case can make the difference between keeping company revenues or losing the award in a government protest action. Not just anyone can intervene. About 15% of companies try to intervene but they fail… Read more »
Avoid Costly Legal Mistakes By Not Meeting the Basic Requirements of Government Protest Procedures Complying with the Government protest timeline becomes a tough subject when you put thousands of dollars into developing a bid protest and then you find out that you did not properly apply the government contract protest… Read more »
Filing Pre-Award GAO Protests for Overly Restrictive RFP Requirements As a CEO, you wonder how you can overcome government RFPs with overly restrictive RFP requirements. Whether intentional or not, government contracting agencies sometimes post RFP’s that appear to be too restrictive. Your task is to understand how to overcome this… Read more »
What is The Purpose of Bid Proposal Evaluation Criteria? The purpose of the government’s proposal evaluation criteria is to give the agency’s evaluation team a way to determine which company has submitted a response to a solicitation that best meets the Government’s stated needs. Your contract evaluation criteria also results… Read more »
Service Disabled Veteran Owned Small Business / SDVOSB certification requirements) decisions for government contracts is becoming a hot item in bid protest litigation. When it comes to Department of Veteran Affairs solicitations for SDVOSB Set Aside Contracts, government contracting agencies sometimes fail to follow statutory requirements for market research. When… Read more »