Litigating bid protest for lack of meaningful discussions when bidding with the federal government is still an ongoing problem. When contractors receive debriefings, they sometimes find that discussions held were far from meaningful. A bid protest alleging lack of meaningful discussions must be approached carefully since many agencies attempt to… Read more »
Avoid Costly Legal Mistakes When Challenging Total Small Business Set Aside Rules by the Government In Bid Protests. If you are selling products or services to the federal government, then you may already know that procurement law provides for very strict rules about small business set aside decisions. However, many contracting agencies… Read more »
How to Avoid Costly Contractor Teaming Agreement Mistakes in a Bid Protest When submitting a government proposal, you may choose to submit a contractor teaming agreement to show evidence of relationships with another subcontractor. Yet, a question arises in a bid protest whether your teaming agreements were sufficiently evaluated by the Source Selection… Read more »
Contractors often have questions about meaningful discussions under FAR 15.306 in the agency source selection process. With many GAO bid protests being filed for lack of meaningful discussions between the Government and offerors, it is important to understand the rules. Meaningful discussions have been seen consistently in GAO protest… Read more »
Understanding how to navigate LPTA evaluation criteria mistakes can allow you to get a second bite at the apple. Lowest Price Technically Acceptable, lowest price technically acceptable evaluation factors are commonplace when it comes to federal procurement and litigating FAR protests. A common mistake made by contractors when litigating bid protest cases… Read more »
In a GAO bid protest that challenges the agency’s small business set aside decision, contractors would have to focus on facts pertaining to the prior procurement history, the recommendations of appropriate small business specialists, and market surveys that include responses to sources sought announcements. This one reason why government contracting agencies issue… Read more »
Subcontractor Totality of the Circumstances Affiliation Test In Small Business Size Appeal Litigation at SBA Office of Hearings and Appeals Can be Very Tricky The SBA Office of Hearings and Appeals (SBAOHA) applies the totality of the circumstances test in small business size determination appeals and subcontractor size protests cases… Read more »
Intervening Learning how to intervene and defend in a bid protest at GAO or Court of Federal Claims stems from a standing and litigation strategic plan. Under 4 CFR 21, An intervenor in a bid protest is typically the awardee. There is much litigation on this very issue. Government contractors must take the… Read more »
Not Protesting Government RFPs Early Can Impact Your Proposal Evaluation. As government contractors, you may sometimes run across an RFP that appears vague or even narrowly written for another contractor and you wonder whether you can file a bid protest on those grounds. In other situations, you wonder whether the… Read more »
Under SBA size appeal regulations, concerns are affiliated when one has the power to control the other, or when a third party has the power to control both. 13 CFR121.103(a)(1). If you own 50% or more of a concern, then there is strong chance that an SBA OHA Size appeal… Read more »