The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest.
If a disappointed bidder files a
Continue Reading CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable TollingThe Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the
Continue Reading OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of InterestTiming is everything when it comes to bid protests at GAO.
There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid
Continue Reading GAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency InstructionsPrice realism challenges stand out as a common basis for bid protests in federal procurements.
A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract
Continue Reading Bid Protest Insights – Understanding Price Realism in Compensation PlansFederal contractors need to be proactive about detecting and neutralizing or mitigating Organizational Conflicts of Interest (OCI).
The FAR’s OCI provisions (currently found at FAR Subpart 9.5) promote the
Continue Reading New GAO Decision Highlights Effective OCI Identification and Mitigation PracticesGAO just sharpened the distinction between winning and losing protest arguments related to key project personnel.
The issue turns on the question of whether the winning proposal included “material misrepresentations”
Continue Reading Protesting Key Personnel – When to Pounce on a Bait-and-Switch
The Federal Circuit just dismissed the Government’s “Late is Late” appeal on Dec. 16th as moot, preserving the split between the Court of Federal Claims (COFC) and the Government
Continue Reading Late is Late Update: eSimplicity Upheld“What are my chances?” This is the most common question clients ask when considering whether to protest. GAO’s Annual Report to Congress shows that the “effectiveness” rate of protests is
Continue Reading GAO Report: Most Protesters Receive ReliefLate last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s reliance
Continue Reading COFC Says GAO has been wrong on Photocopied Bid Bond Signatures for DecadesThe Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established competitors. But
Continue Reading Can the Government Ignore Red Flags of Set-Aside Fraud?