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 »
After being denied an award, Contractors across the country face the question of whether to file a bid protest challenging the Agency’s award with the Government Accountability Office (GAO). While there are a variety of factors that go into this decision, one of the first concerns prevalent among Contractors, is… 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 »
Taking corrective action for purposes of an agency protest, means that the Agency has chosen to re-evaluate proposals, re-enter discussions, or some other aspect of the source selection process. Bidders are not always happy with the actual agency corrective action. However, the question becomes what legal avenues are available to the challenge… Read more »
How Do You Know When Government Agencies Conduct Meaningful Evaluation of Proposals? In the GAO bid protest of Prism Maritime, LLC , B-409267.2; B-409267.3, the protestor challenged the Department of the Navy’s lack of meaningful evaluation of proposals under the technical capability and experience factor, and also challenged the Navy’s… 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 »
Avoid Costly Legal Mistakes By Not Meeting the Basic Requirements of Government Protest Procedures Complying with the Government protest timeline becomes a tough subject when you put thousands of dollars into developing a bid protest and then you find out that you did not properly apply the government contract protest… Read more »
Filing Pre-Award GAO Protests for Overly Restrictive RFP Requirements As a CEO, you wonder how you can overcome government RFPs with overly restrictive RFP requirements. Whether intentional or not, government contracting agencies sometimes post RFP’s that appear to be too restrictive. Your task is to understand how to overcome this… Read more »
When you as a government contractor decide to file a bid protest that challenges the agency’s LPTA contract evaluation of your proposal, there is a striking difference between a government solicitation that will be evaluated on a lowest price technically acceptable (LPTA Government Contracts) source selection process versus a proposal… Read more »