“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 ReliefCOFC Says GAO has been wrong on Photocopied Bid Bond Signatures for Decades
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 DecadesCan the Government Ignore Red Flags of Set-Aside Fraud?
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?Where to Protest When the Government Says Your Bid is Late
In a January 2024 bid protest denied by the Government Accountability Office (“GAO”), an all-too familiar issue regarding allegedly late email bid submissions timeliness brought the split between GAO and
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SBA Recognizes Inflation in Size Standards, Eligibility for 8(a) and EDWOSB Programs
This month it becomes easier to qualify for and remain in the Small Business Administration’s (SBA) programs as a direct result of high inflation over the last year. Notably, the
Continue Reading SBA Recognizes Inflation in Size Standards, Eligibility for 8(a) and EDWOSB Programs
Contractor Alert: DC Pay-to-Play Law Taking Effect November 2022
Starting next month, the District of Columbia’s “pay-to-play” law will take effect. Under the new law, the District government is prohibited from contracting with “covered contractors” which have contributed
Continue Reading Contractor Alert: DC Pay-to-Play Law Taking Effect November 2022Contractor Alert: GAO Reaffirms Position on Late Email Proposals
In a post earlier this year, I discussed a significant split between the Court of Federal Claims (COFC) and the Government Accountability Office (GAO). GAO has long held that email
Continue Reading Contractor Alert: GAO Reaffirms Position on Late Email Proposals
Bid Protests: Exceptions to the “Late is Late” Rule
Bidding on government contracts is a stressful, high-stakes process. Contractors spend significant time and resources in crafting excellent proposals and missing deadlines almost always results in disqualification from the competition.
Continue Reading Bid Protests: Exceptions to the “Late is Late” Rule
Material Escalation: A Difficult Road to Recover Costs
The annual inflation rate in the United States rose 7% in 2021, its highest rate since 1982. The construction industry has not been immune from this general trend, with steel
Continue Reading Material Escalation: A Difficult Road to Recover Costs
Contractor Alert: Biden Requires PLAs for Large Construction Projects
President Biden’s latest Executive Order (EO), signed Friday, mandates U.S. agencies to require the use of project labor agreements (PLA) on large federal construction projects.
PLAs are collective bargaining agreements
Continue Reading Contractor Alert: Biden Requires PLAs for Large Construction Projects