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Bid Protests

Sometimes the Agency Must Consider the “Best” Tool Even If It Doesn’t Meet the Solicitation Requirements

November 9, 2017

Contractors sometimes read solicitations and think, “I’ve got just the thing for this contract”, without paying sufficient attention to what the government purchaser actually wants to buy. Usually, that failure is fatal to the contractor’s chances of winning an award. As the recent Government Accountability Office (GAO) decision in Global SuperTanker Services, LLC, B-413987; B-414987.2 (November…

When Relying on Technology, Trust but Verify

November 1, 2017

Usually, the failure to timely submit a proposal to a procuring agency results from poor planning, administrative error, or a lack of proper attention to detail on the part of the offeror. But sometimes the “failure” to meet the proposal submission deadline is largely beyond the offeror’s control. As the Government Accountability Office (GAO) decision in the recent case of ManTech Advanced…

Beware: The DoD Prohibition against Binding Arbitration for Employees Has Teeth

October 26, 2017

For the past seven years or so, procuring agencies within the Department of Defense (DoD) have been precluded from expending funds on contracts in excess of $1 million unless the contractor agrees not to require its employees to agree to binding arbitration as a condition of employment. To the extent that anyone is still clinging to the notion that the prohibition was toothless and essentially…

Provide What The Government Wants, Not What Makes Sense to You

October 19, 2017

When preparing proposals and responding to discussion questions, offerors sometimes unconsciously respond to solicitation requirements and agency comments from a normative perspective, providing the information they believe “makes sense” rather than the information the agency has actually requested. It seems that this dynamic may have contributed to the circumstances considered by the Government…

If You’re Thinking about Protesting, Don’t Forget to Consider the “Warts” on Your Own Proposal

September 21, 2017

Upon learning of a contract award to a competitor, offerors often immediately latch onto the idea of protesting what they are sure must be a flawed decision. After all, how could it be reasonable and consistent with law and the solicitation for the agency to have chosen the awardee over the disappointed bidder? Firms that find themselves in this situation need to find a way to quickly get past…

Regardless of Whether You’re Responsible, Did You “Deliver the Mail”?

September 7, 2017

Sometimes small business offeror’s lack of success in a competitive procurement results from questions about whether it is “responsible” (i.e. has the ability to perform). When a small business’ proposal is found unacceptable due to a responsibility-related issue, the procuring agency must refer the matter to the Small Business Administration (SBA), which has the ultimate authority to determine…

Overcome by Events: Facts Not Directly Related to Protest Grounds Can Prevent an Ultimate Protest Victory

August 17, 2017

In the compliance context, contractors often have to try to do the impossible: think about everything all the time. A similar ideal applies in the protest context. When considering whether and how to pursue a protest, it's important to think about more than just whether you can win the short-term battle on the substantive legal issues. Contractors also need to consider whether there are…

Surprise: An Agency Can Base Its Specs on Your Competitor’s Product as Long as the Specs Accurately Reflect the Agency’s Needs

August 10, 2017

Given the oft-repeated mantra of “full and open competition”, contractors are understandably alarmed when a procuring agency defines its requirements in a way that essentially tracks another company’s product offerings. The recent Government Accountability Office (GAO) decision in Simplex Aerospace, B-414566.2, (August 8, 2017) reminds us that “full and open competition” does not guarantee a…

Protesting Too Early Can Be as Bad as Protesting Too Late

July 19, 2017

When the Government Accountability Office (GAO) dismisses a protest due to timing issues, the problem almost always involves protests submitted after the protest period ends. But late filing protesters are not the only ones who suffer timing-based dismissals. As the recent decision in 2M Research Services, LLC, B-413993.4 (June 19, 2017) makes clear, filing too early--before the protest period…

Not All Debriefings Are Created Equal

July 12, 2017

Faced with a short time in which to prepare a protest, contractors sometimes rely too heavily on the notion that the protest clock doesn’t start running until a debriefing is held. Unfortunately, only certain debriefings have that effect. Other types of debriefings, while they may provide useful insight into the procurement process or how to improve future offers, do not extend the timeline for…

Protests Are Not a Potential Solution to Every Problem

July 5, 2017

Contractors sometimes fall into the trap of thinking of protests as a sort of silver bullet that can be used, at least in theory, to remedy any problem. Whether this perspective reflects the contractor’s own past protest success or its perception that the procedure has allowed others to avoid bad outcomes, it substantially overstates the availability–and hence ultimate utility--of the protest…

Cost Realism Analysis Sets a High Bar for Everyone

June 27, 2017

Effective communication of all sorts requires attention to detail, accuracy, and clarity. Simply put, words matter. In many contexts, numbers matter too. And while some circumstances may call for the use of generalization, puffery or creative ambiguity, proposal preparation calls for a more straightforward approach. As the recent Government Accounting Office (GAO) decision in AdvanceMed…

Blog - Bid Protests

Surprise: An Agency Can Base Its Specs on Your Competitor’s Product as Long as the Specs Accurately Reflect the Agency’s Needs

August 10, 2017

Claims and Disputes

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Evaluation and Award

Procurement News and Analysis

Bid Protests

GAO Decisions

Bids and Proposals

Solicitations / Proposal Preparation

Labor and Employment

Terminations

Regulations (FAR, DFARS and others)

Commercial Items

GSA and FSS Schedules

Contracting Opportunities

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Sourcing Restrictions

Ethics and Compliance

Fraud

Clarifications and Discussions

Conflicts of Interest

Cost Accounting and Auditing

Court of Federal Claims Decisions

Due Diligence / Mergers and Acquisitions

Export Controls

False Claims and False Statements

Foreign Corrupt Practices Act

Intellectual Property Rights

Research & Development

Responsibility

Suspension and Debarment

Federal Circuit Decisions

Government Contracts Monitor

Bid Protests

Sometimes the Agency Must Consider the “Best” Tool Even If It Doesn’t Meet the Solicitation Requirements

When Relying on Technology, Trust but Verify

Beware: The DoD Prohibition against Binding Arbitration for Employees Has Teeth

Provide What The Government Wants, Not What Makes Sense to You

If You’re Thinking about Protesting, Don’t Forget to Consider the “Warts” on Your Own Proposal

Regardless of Whether You’re Responsible, Did You “Deliver the Mail”?

Overcome by Events: Facts Not Directly Related to Protest Grounds Can Prevent an Ultimate Protest Victory

Surprise: An Agency Can Base Its Specs on Your Competitor’s Product as Long as the Specs Accurately Reflect the Agency’s Needs

Protesting Too Early Can Be as Bad as Protesting Too Late

Not All Debriefings Are Created Equal

Protests Are Not a Potential Solution to Every Problem

Cost Realism Analysis Sets a High Bar for Everyone

Sometimes the Agency Must Consider the “Best” Tool Even If It Doesn’t Meet the Solicitation Requirements

When Relying on Technology, Trust but Verify

Beware: The DoD Prohibition against Binding Arbitration for Employees Has Teeth

Provide What The Government Wants, Not What Makes Sense to You

If You’re Thinking about Protesting, Don’t Forget to Consider the “Warts” on Your Own Proposal

Regardless of Whether You’re Responsible, Did You “Deliver the Mail”?

Overcome by Events: Facts Not Directly Related to Protest Grounds Can Prevent an Ultimate Protest Victory

Surprise: An Agency Can Base Its Specs on Your Competitor’s Product as Long as the Specs Accurately Reflect the Agency’s Needs

Protesting Too Early Can Be as Bad as Protesting Too Late

Not All Debriefings Are Created Equal

Protests Are Not a Potential Solution to Every Problem

Cost Realism Analysis Sets a High Bar for Everyone

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