In a recent case, GAO denied a bid protest filed by CACI Technologies, Inc., of Chantilly, Virginia which challenged the technical evaluation of an award of a task order issued by the Department of the Army, Intelligence and Security Command (INSCOM) to DynCorp International, LLC. There were previous protests for… Read more »
Avoid Costly Mistakes When Submitting 8(a) Joint Venture Past Performance GAO protests continue to surface because of improper past performance evaluation of proposals. In a recent case, GAO sustained a protest because NASA considered the awardee’s past performance. There was no record of actual performance. The problem was that the solicitation stated that NASA would not… Read more »
Often, government contracting agencies take corrective action when contractors file a GAO protest. Taking corrective action mainly takes away jurisdiction from the court to hear the case. A recent GAO protest case illustrates mistakes made in a GAO protest for corrective action. In that bid protest, the protestor argued that after… Read more »
Protesting an agency’s technical proposal evaluation and management evaluation factors, and ultimate source selection decision can be problematic you do not show that the Source Selection Board acted unreasonably or failed to follow the RFP requirements. Technical Proposal Evaluation of Management Factors In a recent GAO protest, for example, the… Read more »
Lawyers Appealing from COFC Federal Claims Protest Decisions to the Court of Appeals for the Federal Circuit In a recent case, the United States Court of Appeals for the Federal Circuit reversed a bid protest decision from the Court of Federal Claims because the appellant had failed to first exhaust… Read more »
Part of a bidder’s government proposal writing efforts is to make sure that it follows the bid submission directions in the solicitation. As obvious as this may sound, companies have been known to make mistakes and cause their proposals to be rejected by the contracting agency. In a recent case,… Read more »
The SBA agency Certificate of Competency (COC) rules allow small business firms to challenge, generally in a bid protest, the agency’s source selection decision that is not technically responsible to perform the contract. What is a Certificate of Competency (COC)? The Government Certificate of Competency Program is in place in order for… Read more »
Federal contractors are being caught with submitting bids with contractor employment letter of intent to hire that have no substance. Getting the proper guidance on this issue can make the difference between getting the contract or somehow getting to the point where there is a false representation. The latter can… Read more »
After 1997, FAR competitive range requirements are somewhat different. Before, the Agency had to consider whether your proposal stood a reasonable chance of award. However, FAR § 15.306(c)(1) a government contracting agency can exclude your proposal from the competitive range if it is not rated as one of “most highly… Read more »
Quite a few federal contractors find themselves disappointed in GAO’s protest decision that agrees with the agency’s evaluation decision. Protesting technically unacceptable proposal decisions in a GAO protest can be disappointing if contractors fail to apply the proper legal analysis in a bid protest. When writing your technical proposal, merely… Read more »