Getting non responsibility determinations can cripple your chances of winning a federal government contract. For example, when you submit a government proposal, your past experiences can sometimes take a toll on whether you get the award. More specifically, when the agency issues a non responsibility determination under the FAR for past… Read more »
When it comes to GAO acceptance of late proposal submission exception in bid protests, many contractors wonder what happens if their Request for Proposal (“RFP”) submission is late and if there are any exceptions that allow for relief. While it is an offeror’s responsibility to deliver its proposal to the proper… Read more »
When a government agency submits a request for proposal (“RFP”), the agency can make amendments and changes to the government solicitation requirements. The Federal Acquisition Regulation permits agencies to request revised government proposals, even where the original awardee’s price has been disclosed. Jackson Contractor Grp., B-402348.2 (2010). Agency Discretion with… Read more »
Avoid Costly Mistakes When Responding to Government Cure Notices That Can Almost Guarantee a Termination for Default Giving the agency a reason to issue a government contract cure notice can put your company at a great disadvantage because chances are that you are on the path to receiving a termination for default…. Read more »
When faced with termination for default appeals, courts deciding government contract cases understand that a default termination is “a drastic sanction which should be imposed … only for good grounds and on solid evidence.” This was the decision on J.D.Hedin Construction Co. v. United States, 408 F.2d 424, 431 (Ct. Cl. 1969)…. 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 »
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 »
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 »