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How to Protest an Agency’s Decision Canceling a Solicitation

The general rule (FAR 14.404-1(a)) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with the lowest responsive bid. However, as is usually the case, there are...more

Contractor vs. Government Controversies Not Subject to the CDA

The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

Utilizing Enhanced Debriefing Procedures To Maximize GAO Bid Protest Effectiveness

Contractors filed 2,071 bid protests at GAO in 2019– the lowest number in five years. One possible cause for the decline is the Department of Defense’s enhanced debriefing procedures. Enhanced debriefings mean that...more

Proposal Prep: Assessing The ‘Key Experience’ Factor In Bid Protests

Responding to agency Requests for Proposals (RFP) is an exercise in playing follow-the-leader. Contractors should take care to : •Read the RFP •Understand the information requested by the agency; and •Provide that...more

Protesting Improper Conversions From Best Value To LPTA

Best Value and Lowest Price Technically Acceptable (LPTA) procurements trigger very different bidding obligations for contractors. As I’ve detailed in this space before, Best Value procurements place limited importance on...more

Best Value Bid Protests: Sometimes, Better Really Is Better

I’ve spent a good deal of time on this blog discussing practical strategies for Best Value procurements. As the name implies, the goal of every Best Value proposal should be to maximize the benefit your business can provide...more

GAO Bid Protest Strategies To Avoid: “Mere Disagreement”

Bid protests at the Government Accountability Office (GAO) have spawned a distinct area of the law. With multiple evaluation schemes to consider, there are an ever-growing number of strategies for disappointed offerors to...more

10/31/2018  /  Bid Protests , Federal Contractors , GAO

Establishing Prejudice In A LPTA Protest

As I’ve covered here before, low-priced, technically acceptable procurements (LPTA) shine a light on a contractor’s ability to provide the required services at the lowest possible cost to the government. Leave your style...more

GAO Offers Insight On Competitive Range Decisions & Protests

Federal procurements often include a competitive range of offerors seeking the contract award. The Federal Acquisition Regulation (FAR) competitive range procedure offers the agency an incremental stage in the competition...more

GAO Protest Update: Understanding “Meaningful Discussions” In Contract Competitions

In today’s Federal marketplace, it is very common to see solicitations that give the Agency the option of entering into discussions with offerors. The primary objective of discussions is to maximize competition and, in turn,...more

When To Protest: Thoughts On Challenging A Defective Solicitation

Two pieces of advice I often provide to government contractors are:- 1.When responding to a solicitation, give the government precisely what it asks for – right down to the letter. This includes providing the information...more

GAO Protest Primer: Effective Use of Pre-Award Protests

It seems that when we discuss GAO bid protests, we most often refer to the post-award variety. Your company lost a contract award due to a procurement error by the agency (like the failure to adhere to the RFP requirements...more

SBA: Ostensible Subcontractor Rule In Play Even Between Two Small Firms

As I have covered here before, every small business owner needs to be aware of the Small Business Administration’s (SBA) ostensible subcontractor rule. In a nutshell, ostensible contractor affiliation occurs when a small...more

GAO: Excellent Performance Of Incumbent Contract Does Not Guarantee Future Follow-On Work

Every government contractor that begins performance on a new engagement has the same basic goal – superior performance that bolsters the company’s bottom line and garners excellent past performance ratings from the...more

10/27/2017  /  Bid Protests , Federal Contractors , GAO

New GAO Decision Emphasizes “Should Have Known” Element Of Bid Protest Timeliness

The most common basis to establish timeliness for a Government Accountability Office (GAO) bid protest is found in Section 21.2 of the GAO’s regulations. Under the regulation, the protester must file the protest “not later...more

10/2/2017  /  Bid Protests , Federal Contractors , GAO , SBA

Government Contracting 101: GAO Requests For Reconsideration

Government contractors usually find themselves appearing before the Government Accountability Office (GAO) on a bid protest for one of two reasons: (1) you believe that the government erroneously did not award a contract to...more

GAO Offers Insight Into Winning (And Losing) Bid Protest Arguments

Government contractors know the odds on GAO bid protests – are they are not all that good. Even with a noticeable uptick, the statistics reveal that less than 1/4 (about 23%) of all bid protests were sustained in FY 16. ...more

Late is Late: A Guide To Delivering Electronic Proposals On Time

This is not a unique story – but there is still a lesson for Federal contractors to learn. A recent GAO decision considered an electronic proposal submitted by email just prior to the 4:00 p.m. deadline. Although the...more

Proposal Prep Tips: Real vs. Imagined Past Performance Experience

A response to an RFP is the government contractor’s chance to put its best foot forward and stand out from the crowd. Particularly when it comes to best value procurements, this is your chance to tell the contracting officer...more

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