Organizational conflicts of interest (or “OCI”) generally exist when one party has access to nonpublic information as part of its performance on a government contract.

OCI — or even the appearance of OCI — can be a landmine for Federal contractors.  Unresolved OCI can lead to exclusion from a contract competition, contract termination, and even

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 information in a clear and concise manner.

The common thread for RFPs across all procurement types is to deliver the exact information requested

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 price.  While cost is (always) a factor, a bidder can overcome a higher price by demonstrating its technical expertise and ability to add value

Contractors who have filed or have considered filing a Bid Protest based on a mistake by an agency know that they have very little time to recognize an issue and take action before the Government Accountability Office (GAO).

  • Typically, a protest challenging the award of a contract must be filed within 10 days (calendar, not

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 challenge alleged agency procurement errors.

Just like there are best practices for bid protests, there are also strategies to avoid at all

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 where it can pare down a large pool of offerors into a narrow group consisting of only those proposals with a reasonable chance of receiving

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, the Agency’s ability to obtain the best possible value.

Once it makes the decision to enter into discussions, the Agency

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 in the correct section of your proposal.  The agency will not play hide-and-seek; and

2.  If you think there