When filing a GAO protest to challenge the award a contract for negotiated contract there is a difference between Federal Acquisition Regulation FAR Part 15 (FAR 15 discussions and clarifications). A successful bid protest can hinge upon your thorough understanding of the subtle differences in the federal acquisition procedures. As its… Read more »
Non responsive bid proposals occur when the contracting agency excludes your bid because it materially failed to follow the solicitation requirements. Unless your mistake was minimal and immaterial, GAO tends to rule that the Agency made a reasonable decision. However, there are situations where agency exclusions were unreasonable. What happens in… Read more »
Under the requirements to intervene in a bid protest or some other case at the United States Court of Federal Claims. Avoid wasting money on procedural disputes and focus on the merits of the case. In rare circumstances, the court may deny your motion to intervene in a bid protest… Read more »
For government contractors, there are two primary mechanisms to address disputes related to federal government contracts: filing a government protest and filing a Contract Disputes Act (CDA) claim. While both processes aim to resolve disputes related to government contracts, they are distinct and differ in their procedures and outcomes. When… Read more »
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 »
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 »
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 »
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 »