When it comes to the Federal Acquisition Regulation (“FAR”) Mandatory Disclosure Rules (MDR) under FAR 52.203-13 and FAR 52.203 3 many DOD contractors wonder what they must disclose to the government after the contract award has been awarded the contract, if anything. Before they can figure it out, many often find… 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 »
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 »
Small Business Administration and SBA affiliation rules regarding identity of interest challenges can be complex and confusing when litigating in a small business size protest case. Governed under 13 CFR 121.103, affiliation in federal procurement and SBA regulations can be found under a variety of circumstances. For example, a major… 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 »
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 »
There are subtle differences between the government contract termination for convenience vs termination for default clause in federal government contracts decisions. Contractors who incorrectly respond to termination by default or cause quickly find the painful and subtle differences, especially at the appeals stage. The same is true when the… Read more »
A bad past performance evaluation rating can impact your overall chances of getting the ultimate award in government contracting. Many contractors file a bid protest addressing how the government applied its contractor past performance evaluation criteria but fall short of a viable strategy for doing so. The rationale for Performance… Read more »