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Bid Protests

The Army Corps Wrongly Rejected A Timely Proposal, But Was Not “Wrong Enough” To Have To Pay The Contractor’s Attorneys’ Fees

August 15, 2012

A recent U.S. Court of Federal Claims decision highlights the perils and absurdity associated with submitting proposals via e-mail. Watterson Construction Company responded to an RFP by the Army Corps of Engineers (“Army Corps”) to design and build “a standard barracks to house 294 persons in Fort Wainwright, Alaska.” The RFP required final, second-phase proposals to be submitted by…

No Harm, No Foul - Agency’s Violation of the FAR Not Enough to Overturn Award

August 13, 2012

In Omniplex World Services v. United States, No. 12-249 C (Aug. 1, 2012), the Court of Federal Claims denied a bid protest even though the Court determined that the agency violated the Federal Acquisition Regulation (FAR). The Court found that the agency’s violation of the FAR did not prejudice (i.e., harm) the protestor because the protestor would have lost the contract anyway. …

GAO Sustains Price Realism Protest

March 28, 2012

The GAO recently sustained a price realism protest where the agency failed to consider the proposed prices of all technically acceptable offerors. Digital Technologies, B-406085 (Feb. 6, 2012), available here. The RFP requested proposals for a fixed price contract with a 6-month base period and four 1-year options for computer maintenance and support. According…

Recent GAO Decision Reveals That \"Name That Offeror\" Is Not Just a Game

December 9, 2011

Every once in awhile there’s a Government Accountability Office (“GAO”) bid-protest decision that causes the reader to ask, “What was the protestor thinking?”.

Integral Systems, Inc., Comp. Gen. Dec. No. B-405303.1 (Aug. 16, 2011), is just such a case. In Integral Systems, the GAO dismissed a protest filed by the parent corporation of the offeror because the offeror/subsidiary –…

Agencies Deviate From Standard FAR Clauses At Their Own Peril

October 21, 2011

Federal agencies with special and articulated needs may deviate from standard FAR clauses and craft their own proposed contract clauses. However, such custom, non-standard clauses must be rational and reasonable, as the Government recently learned the hard way in U.S. Foodservice, Inc. v. United States, No. 11-376C (Oct. 12, 2011), which involved a pre-award bid protest before the U.S.…

COFC Enjoins Corrective Action Based on GAO Attorney’s Pre-Decisional E-Mail that COFC Determines Was Wrong and Without a Rational Basis

September 29, 2011

In a recent case at the U.S. Court of Federal Claims (“COFC”) a protestor successfully challenged the procuring agency’s proposed corrective action terminating the protestor’s contract and re-opening the competition.

The proposed corrective action was premised on a pre-decisional e-mail by a GAO attorney, falling short of actual “outcome prediction,” stating that it was…

COFC Issues TRO Enjoining Contract Start-Up in Postal Service Reverse Auction Case

September 28, 2011

In a recent case at the U.S. Court of Federal Claims Judge Hodges considered what happens when an on-line electronic reverse auction goes wrong and one of only two bidders is unable to see the other’s later low bid, and thus believed it was the winning bidder, only to later learn of the lower bid.

The Postal Service’s answer was to deem the actual low bidder the winner, and to then…

SBA District Office Reviews and Reverses 8(a) Joint Venture Eligibility Determination Based on New Evidence

September 28, 2011

The SBA Washington Metropolitan Area District Office recently reconsidered and reversed an earlier favorable eligibility determination on behalf of an 8(a) joint venture where newly-obtained information during a size protest indicated that the joint venture did not comply with SBA’s 8(a) joint venture regulations at 13 C.F.R. 124.513.

The District Office had approved the proposed 8(a)…

The Revolving Door Continues to Create OCI Problems

September 6, 2011

During the procurement under protest in PCCP Constructors, JV; Bechtel Infrastructure Corporation, B-405036(August 4, 2011), a U.S. Army Corps of Engineers (Corps) Chief retired and began employment with the company ultimately selected for the award – CBY. At the time of his retirement, the Chief held the most senior civilian position within the Corps’ Hurricane Program – the program with…

Organizational Conflicts of Interests Cannot be Based on “Suspicion and Innuendo”

September 6, 2011

The U.S. Court of Appeals for the Federal Circuit recently affirmed the Court of Federal Claims’ (CFC’s) decision regarding an organizational conflict of interest (OCI). In Turner Construction Co., Inc. v. United States, 2010-5146 (July 14, 2011), Turner had been awarded a construction contract by the Army that was protested based on alleged OCIs arising from merger discussions between Turner’s…

Blog - Bid Protests

The Army Corps Wrongly Rejected A Timely Proposal, But Was Not “Wrong Enough” To Have To Pay The Contractor’s Attorneys’ Fees

August 15, 2012

COFC Enjoins Corrective Action Based on GAO Attorney’s Pre-Decisional E-Mail that COFC Determines Was Wrong and Without a Rational Basis

September 29, 2011

The proposed corrective action was premised on a pre-decisional e-mail by a GAO attorney, falling short of actual “outcome prediction,” stating that it was…

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Bid Protests

The Army Corps Wrongly Rejected A Timely Proposal, But Was Not “Wrong Enough” To Have To Pay The Contractor’s Attorneys’ Fees

No Harm, No Foul - Agency’s Violation of the FAR Not Enough to Overturn Award

GAO Sustains Price Realism Protest

Recent GAO Decision Reveals That \"Name That Offeror\" Is Not Just a Game

Agencies Deviate From Standard FAR Clauses At Their Own Peril

COFC Enjoins Corrective Action Based on GAO Attorney’s Pre-Decisional E-Mail that COFC Determines Was Wrong and Without a Rational Basis

COFC Issues TRO Enjoining Contract Start-Up in Postal Service Reverse Auction Case

SBA District Office Reviews and Reverses 8(a) Joint Venture Eligibility Determination Based on New Evidence

The Revolving Door Continues to Create OCI Problems

Organizational Conflicts of Interests Cannot be Based on “Suspicion and Innuendo”

The Army Corps Wrongly Rejected A Timely Proposal, But Was Not “Wrong Enough” To Have To Pay The Contractor’s Attorneys’ Fees

No Harm, No Foul - Agency’s Violation of the FAR Not Enough to Overturn Award

GAO Sustains Price Realism Protest

Recent GAO Decision Reveals That \"Name That Offeror\" Is Not Just a Game

Agencies Deviate From Standard FAR Clauses At Their Own Peril

COFC Enjoins Corrective Action Based on GAO Attorney’s Pre-Decisional E-Mail that COFC Determines Was Wrong and Without a Rational Basis

COFC Issues TRO Enjoining Contract Start-Up in Postal Service Reverse Auction Case

SBA District Office Reviews and Reverses 8(a) Joint Venture Eligibility Determination Based on New Evidence

The Revolving Door Continues to Create OCI Problems

Organizational Conflicts of Interests Cannot be Based on “Suspicion and Innuendo”

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