On the evening of November 9, the U.S. Senate agreed to a deal aimed at ending the government shutdown. The deal is the first step toward reopening the federal government
Continue Reading How to Prepare for the End of the Government ShutdownBid Protests, Disputes, and Federal Contract Delays During the Government Shutdown
The federal government shut down on October 1 after annual appropriations lapsed. Pursuant to the Antideficiency Act, agencies may not incur obligations or expend funds without an enacted appropriation unless
Continue Reading Bid Protests, Disputes, and Federal Contract Delays During the Government ShutdownCICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling
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 TollingOCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of Interest
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 InterestGAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions
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 InstructionsBid Protest Insights – Understanding Price Realism in Compensation Plans
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 PlansNew GAO Decision Highlights Effective OCI Identification and Mitigation Practices
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 PracticesProtesting Key Personnel – When to Pounce on a Bait-and-Switch
GAO 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
Late is Late Update: eSimplicity Upheld
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 UpheldGAO Report: Most Protesters Receive Relief
“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 Relief