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 »
If you have performed work for the federal government and looking into the contract claims certification process under 41 USC 601, there are some basic things you should know. Failure to take the government claims process and FAR certification requirements seriously can cost you thousands or even millions in amounts… Read more »
After being denied an award, Contractors across the country face the question of whether to file a bid protest challenging the Agency’s award with the Government Accountability Office (GAO). While there are a variety of factors that go into this decision, one of the first concerns prevalent among Contractors, is… 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 »
OCI Organizational Conflict of Interest FAR Guidance Hiring of Former Government Officials If your company hires a former government official, it can be disqualified from a competition based upon the appearance of impropriety which is created by the hire. There is no requirement for an actual impropriety to be shown in… 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 »
The federal government’s oversight of contract compliance and other factors leading to the suspension and debarment of government contractors have increased dramatically over the past few years. Staying off the debarment list means knowing what gets you into trouble and what being a responsible contractor means. Suspension and Debarment actions… 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 »