Bid Protests

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 Tolling

The 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 Interest

Timing 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 Instructions

Price 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 Plans

Federal 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 Practices

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

Late 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 Decades

The 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?