Protesting Technical Proposal Evaluation & Management Factors

Protesting an agency’s technical proposal evaluation and management evaluation factors, and ultimate source selection decision can be problematic you do not show that the Source Selection Board acted unreasonably or failed to follow the RFP requirements. Technical Proposal Evaluation of Management Factors In a recent GAO protest, for example, the… Read more »

Ambiguous Defintion & Meaning in Government RFPs?

When it comes to responding to federal government proposals, agencies must be clear on what they want the general public to bid on. The issue of the meeting the ambiguous definition often comes up in a government bid protest. The definition of ambiguous in a government RFP occurs then two… Read more »

SBA COC & Government Certificate of Competency Bid Protests

What is an SBA Certificate of Competency (COC)? The SBA’s COC Program is governed by the Small Business Act, 15 USC 37(b);  13 CFR 125.5 and FAR Part 19.6. A Government Certificate of Competency is a written document from the Small Business Administration (SBA) to a Government contracting officer (CO) that decides… Read more »

Protesting Technically Unacceptable Proposal Decisions

Quite a few federal contractors find themselves disappointed in GAO’s protest decision that agrees with the agency’s evaluation decision. Protesting technically unacceptable proposal decisions in a GAO protest can be disappointing if contractors fail to apply the proper legal analysis in a bid protest.  When writing your technical proposal, merely… Read more »

Mail and Wire Fraud Penalties Against the Federal Government

Defending Against the Mail and Wire Fraud Penalties Against the Federal Government Can be Tricky Business When you have an attorney that is not familiar with federal government contract law. When it comes to mail fraud penalties in federal procurement contract, criminal actions and wire fraud penalties against the federal… Read more »

Urgent and Compelling Circumstances — CICA Contracting

When government contracting agencies assert urgent and compelling circumstances, it is usually a predicate for override the Competition in Contracting Act (CICA Contracting) 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 focused… Read more »

Right of Setoff

The government has a federal common law right of setoff costs, also referred to as offset, to balance mutual debts and it can be used as a defense against a contractor to better reconcile competing claims.  It is important to understand, as a contractor, when the government may be able to… Read more »