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Competitive Bidding Bid Solicitation Government Accountability Office

Womble Bond Dickinson

The Company You Keep: FCA Investigations of 8(a) Program Contractors

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Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – January 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. There were also two requests for costs, one of which...more

Whitcomb Selinsky, PC

Competitive Prejudice in Bid Protests: Lessons from Statistica v. GSBCA

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In a bid protest appeal case involving Statistica, Inc. and the General Services Administration Board of Contract Appeals (GSBCA), Statistica, Inc. contested the decision made by the board in relation to a contract awarded to...more

Bass, Berry & Sims PLC

Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice

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On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation...more

Whitcomb Selinsky, PC

UpSlope Protests Contract Decision by USTRANSCOM

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UpSlope Advisors, Inc. protested a decision by the United States Transportation Command (USTRANSCOM) of the award of a sole-source contract for enterprise information technology (IT) services to Eagle TG, LLC, a...more

Whitcomb Selinsky, PC

Teledyne Protests NASA Contact Award For Conflict Of Interest

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Teledyne Brown Engineering, Inc. protested a contract awarded to SGT, LCC by the National Aeronautics and Space Administration (NASA).  The acquisition was for ground systems and operations services at Marshall Space Flight...more

Whitcomb Selinsky, PC

GAO Protest of AECOM Management Services

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Does “Fair Treatment” Translate to “Equal Discussions”? When creating a solicitation for services, the solicitor can request certain requirements for all proposals. Requirements can be evaluated on a pass/fail basis or on...more

Whitcomb Selinsky, PC

A Picked Apart Bid Proposal Can Be Vulnerable to Protest

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Ambiguity can create numerous issues. When a word, phrase or expression can be understood in two or more possible ways, misunderstandings between parties can occur. When a contractor creates a proposal for submission, it is...more

PilieroMazza PLLC

PilieroMazza Bid Protest Victories Help Contractors Address Key Procurement Challenges

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As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government...more

PilieroMazza PLLC

GAO Sustains Protest Finding Agency’s Failure to Engage in Meaningful Discussions Was Not Cured During Re-Evaluation   

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The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC, B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose...more

Whitcomb Selinsky, PC

OCI And Improper Best-Value Determination Bid Protest

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A procuring agency has wide latitude to define its evaluation criteria and relative priorities in soliciting quotations for services. Once it arrives at a decision, the agency must sufficiently document its justification for...more

Whitcomb Selinsky, PC

U.S. Army Corp of Engineers RFP Challenged by IDS International

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IDS International Government Services, LLC (IDS) challenged the terms of request for proposals (RFP) issued by the Department of the Army, Corps of Engineers.  The RFP was for the operations and maintenance (O&M) service at...more

Whitcomb Selinsky, PC

Conflicting And Ambiguous Language Bid Protest

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Unduly restrictive competition refers to actions or policies by a procuring agency that impedes or limits free and fair competition. This can lead to higher prices, reduced innovation, and decreased quality of products and...more

Lewis Roca

Government Accountability Office Determines Navy Improperly Evaluated Technical Proposal: Lewis Roca

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Bid protest determinations serve to resolve challenges to procurement decisions by government agencies. Beyond that purpose, these rulings can also offer valuable insights as to what factors determine whether or not a...more

Morrison & Foerster LLP - Government...

November 2022 Bid Protest Roundup: Best-Value Tradeoffs, Solicitations

Sometimes a comparison of cases best illustrates the law. This month we analyze a double pair of recent GAO decisions. First, in CharDonnay and Triple Canopy, we compare decisions dissecting the merits of best-value...more

Whitcomb Selinsky, PC

Raytheon Company Files Protest for Award to Competitor

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In December 2019, Raytheon Company filed a protest of an award of a contract to DynCorp International LLC by the Department of the Army.  The award was for the security assistance training and advice as part of the Security...more

Whitcomb Selinsky, PC

Instructions in RFP Cannot Factor into Evaluation Criteria

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A request for proposals (RFP) is an effective way to find the right vendor for a contract or project. When done properly, an RFP provides transparency on the specific requirements needed and justifies why a specific...more

Whitcomb Selinsky, PC

Certification Requirement Prevents Otherwise Qualified Contractors from Bidding

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Imagine a situation where you are interested in a contract and believe your company is well suited to do the job. Unfortunately, the request for proposal (RFP) has specific certification requirements that limit competition...more

Bass, Berry & Sims PLC

Responsibility vs. Responsiveness: A Critical Difference Saves Flawed Initial Bid

As a general matter, an agency should reject a bid out of hand if it is deemed defective due to problems with bidder responsiveness. However, flawed bids determined on account of issues with bidder responsibility can be...more

Whitcomb Selinsky, PC

What should my GAO Bid Protest Timing Look Like?

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Bid Protest Timing Before the Award-The GAO regulations state that bid protests timing is based "upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial...more

Whitcomb Selinsky, PC

Unclear Request for Proposal Leads to Bid Protest

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A Request for Proposal (RFP) is a document the government (and commercial companies) uses when soliciting responses from contractors on a particular government requirement. The document lists all the criteria and needs of a...more

Whitcomb Selinsky, PC

Eminent IT Protests Contract Award by Department of State

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Eminent IT, LLC, protested a contract award decision by the Department of State (DOS). The contract was for the maintenance, operation, and management of PeopleSoft in a production environment using Scaled Agile Framework...more

Whitcomb Selinsky, PC

TekSynap’s Government Accountability Office Bid Protest

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In this bid protest, the protester TekSynap alleged 3 issues: 1) the agency’s evaluation of its price was unreasonable, 2) the agency’s technical evaluation was erroneous, and 3) disparate evaluation between the awardee and...more

Whitcomb Selinsky, PC

Substantial Material Change in Government Contract Solicitation Requires New Quotations from Offerors

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There are several ways a government agency contracting office can request a quotation or a bid from an offeror. One way is a request for quotation (RFQ). This document details the contracting agency’s requirements for the...more

Whitcomb Selinsky, PC

Price Premium must be Adequately Justified in Best-Value Decision

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When issuing a solicitation, the solicitor can assess the bids or quotations using a best-value tradeoff evaluation. The tradeoff evaluation process is used when it is in the best interest of the solicitor, in this case the...more

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