Filing a GAO protest alleging unbalanced pricing and bidding based on the lowest technically acceptable price is tricky and must be approached with caution. Oftentimes a protestor may allege that the successful awardee’s bid is so low that it is unbalanced. If this is all you state in the protest without… Read more »
Our Lawyers Help to Avoid Costly Mistakes Under the FAR 52.219-14 Limitations on Subcontracting Clause & 13 CFR 125.6 Are you a government contractor or a small business owner using teaming agreements and joint venture agreements? Do you know the consequences of violating FAR 52.219 Limitations on Subcontracting Rules? Avoid… Read more »
Recently, incumbent contractors are finding that they are losing more and more government contracts and subsequent bid protest. They also find it difficult to write more competitive government proposals that increase their chances of follow-on contracts. As the apparent successful offeror, you should also be mindful of the dreadful affiliation… Read more »
There are often construction delays in government contracting, especially federal government delays in construction contracts for weather conditions, and it is important to understand when these delays may be actionable in court. A government contract delays claim must be submitted in compliance with the Contract Disputes Act. A dispute can occur with… Read more »
Sometimes Meeting the Legal Definition of What is an Interested Party in Bid Protest Litigation is not Always Simple. If you are contemplating filing a bid protest, you must first be sure that you are an interested party. If you are not, the case will be dismissed. The Federal Circuit… Read more »
In any government contract bid protest, and under bid protest intervenor law, any interested party, including the awardee, can intervene and protect their rights to the contract. The Court of Federal Claims (COFC) does not have very many statutory provisions for intervenor law. GAO bid protest rules typically set the… Read more »
When bid protests are filed, government contracting agencies may see merit to your case. As a result, they may decide to take corrective action. The problem usually arises when federal agency corrective action is taken but you believe that such action was not appropriate. Should you file a protest? It depends…. Read more »
Contractor past performance information evaluation can be a very highly debated issue is a GAO protest. However, the starting point for deciding whether or not to file a bid protest is the solicitation itself. Another question to ask is whether GAO will consider the agency’s application of your past performance information… Read more »
Sole source justification in government contracting can be a heated debate during bid protest litigation. Oftentimes, 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 a bid protest. Although the agency’s… Read more »