Federal Unilateral and Mutual Mistake Contract Disputes

Contractors can claim mistake of fact in bid claims against the federal government.  When arguing that there was a mistake in bid, a contractor can either raise a mutual mistake of fact (both contractor and government made a mistake in drafting the agreement) or unilateral mistake of fact (contractor mistake)… Read more »

The Risk of Writing Your Bid Proposal

By: Leanna Ajour, Esq. California & Colorado Attorney Your company has its specialties and you’re good at what you do. But, providing well-written proposals detailing to legally thorough degree, the work that you do and the methodology you will use to complete a bid proposal is what we do. Having a… Read more »

Price Realism Analysis vs Price Reasonableness Evaluations

Avoiding Confusion with FAR Price Reasonableness Determination and Price Realism Analysis Can Make the Difference in GAO Protest Outcomes. Price realism and price reasonableness are evaluation analysis theories that can cause confusion among government contractors when filing a bid protest.  Failure to understand the differences between price realism and price reasonableness can… Read more »

Bid Protest Intervention GAO or COFC – Who May Intervene?

Types of Bid Protest Intervention At the U.S. Court of Federal Claims adopts two types of bid  protest intervention. They are: intervention as of right or by permission of the court. In either case, you or your attorney must enter the case in a timely fashion. Who May Intervene? As a government… Read more »

FAR Best Value Trade Off Analysis Definition & Application

Some contractors find it confusing when protesting the government’s best value trade off analysis. Without having a basic understanding of the agency’s discretion compared to what the procurement regulations require, your bid protest could be at risk. Without a proper understanding, contractors quickly find themselves in a vulnerable position during litigation…. Read more »

SBA Size Appeal Common Ownership Control

  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 »

CICA Stay Overrides for GAO Bid Protests

Filing a GAO bid protest can invoke an automatic stay of contract award or performance that lasts until GAO, or the court makes a decision. The automatic CICA Stay is typically at the GAO protest level. At the Court of Federal Claims, the stay is not automatic and protestors will… Read more »

GSA Protest Sustained

WASHINGTON, DC — On, March 25, 2008, the Government Accountability Office sustained a Fedcar Company, Ltd’s. protest of the award of a lease contract to Duke Realty Limited Partnership by the General Services Administration (GSA) under solicitation for offers (SFO) No. GS-05B-18064, for the construction and lease of a dedicated… Read more »