The Government Accountability Office’s (GAO) timeliness rules are generally straightforward. But as a recent GAO decision shows, agency statements to disappointed offerors can sometimes blur application of the rules—often to
Continue Reading FAR Part 13: Can I Wait to Protest When the Agency Tells Me a Debriefing Will Be Provided?GAO Bid Protest
U.S. Government Accountability Office’s Fiscal Year 2025 Bid Protest Report to Congress: Protest Filings Fell While the Overall Effectiveness Rate Stayed Above 50%
By Evan Williams, Luke Levasseur & Jane Han on
As required by the Competition in Contracting Act (CICA), the U.S. Government Accountability Office (GAO) recently published its Annual Bid Protest Report to Congress for Fiscal Year (FY) 2025.[1]…
Continue Reading U.S. Government Accountability Office’s Fiscal Year 2025 Bid Protest Report to Congress: Protest Filings Fell While the Overall Effectiveness Rate Stayed Above 50%Bid Protests, Disputes, and Federal Contract Delays During the Government Shutdown
By Keeley McCarty, Evan Williams & David O'Neill on
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 ShutdownOCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of Interest
By Evan Williams & Luke Levasseur on
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 InterestWhere to Protest When the Government Says Your Bid is Late
By ** Fox Rothschild ** on
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…
Continue Reading Where to Protest When the Government Says Your Bid is LateProposal Prep: Assessing the ‘Key Experience’ Factor in Bid Protests
By Nicholas T. Solosky on
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
…
Continue Reading Proposal Prep: Assessing the ‘Key Experience’ Factor in Bid Protests
Untimely Protest? “Diligent Pursuit” may Keep Your Protest Alive
By ** Fox Rothschild ** on
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…
Continue Reading Untimely Protest? “Diligent Pursuit” may Keep Your Protest Alive
GAO Protest Primer: Effective Use of Pre-Award Protests
By Nicholas T. Solosky on
It seems that when we discuss GAO bid protests, we most often refer to the post-award variety. Your company lost a contract award due to a procurement error by…
Continue Reading GAO Protest Primer: Effective Use of Pre-Award Protests
GAO: Excellent Performance of Incumbent Contract Does Not Guarantee Future Follow-On Work
By Nicholas T. Solosky on
Every government contractor that begins performance on a new engagement has the same basic goal – superior performance that bolsters the company’s bottom line and garners excellent past performance…
Continue Reading GAO: Excellent Performance of Incumbent Contract Does Not Guarantee Future Follow-On Work
Money for Nothing: Recovering Bid Protest Attorneys’ Fees
By Nicholas T. Solosky on
Winning bid protests all share one common theme – the government erred somewhere in the procurement process and the contractor was unfairly prejudiced as a result. It is then up…
Continue Reading Money for Nothing: Recovering Bid Protest Attorneys’ Fees