Government Contracts MonitorBid ProtestsThe Silent Treatment: Agencies Don’t Have to Tell You When Your Price Is Too HighMay 22, 2015 Earlier this year, we published an article warning our readers not to expect more from discussions concerning their proposals than agencies are required to provide. Specifically, your price may be entirely reasonable but completely uncompetitive but, if so, the agency does not have to tell you a thing. In short, the requirement that discussions be "meaningful" does not ensure you will obtain any… Time Waits for No Contractor, but It Will Pause for an AgencyMay 18, 2015 In its bid protest decisions, the Government Accountability Office (GAO) holds disappointed offerors to high standards of proof and routinely penalizes them for failing to raise issues or present proof in a timely manner. In addition to making sure they know the applicable standards and timelines, savvy government contractors also keep in mind an essential truth of the bid protest process:… Willie Wonka at GAO: Everyone Gets to Compete on the Same BasisMay 4, 2015 Virtually every child of the 1970s or 80s will remember the scene from the classic movie, Willy Wonka and the Chocolate Factory, when Gene Wilder’s character, Willy Wonka, unilaterally changes the rules of competition for the factory, dashing endearing Charlie’s hopes and dreams. Justice is restored when Charlie stands up to Wonka and points out that he has been unfair. Hanel Storage… \"It’s None of Our Business\": GAO Keeps Its Nose Out of Private DisputesMay 4, 2015 Several months ago, this blog identified the Government Accountability Office (GAO) decision in InSpace 21 LLC, B-410852 (December 8, 2014) as a cautionary tale and discussed the importance of getting joint ventures right. After declining to resolve what it considered a dispute between two private parties, GAO rejected that protest for failure to demonstrate interested party status. Subsequently,… CICA Stays: You May Not Get What You Want, But You Can Get What You NeedApril 27, 2015 What does an automatic stay under the Competition in Contracting Act (CICA) mean in the context of a pre-award protest? In Caddell Construction, the Court of Federal Claims told us: it’s a stay of the award. The government can continue to receive and evaluate bids during ongoing protests – it is only precluded from awarding a contract. Caddell Construction Co. LLC v. U.S., CFC… A Shakespearian Twist: First Let’s Kill All the ConsultantsApril 27, 2015 In a decision having potentially far-reaching implications, the Government Accountability Office (GAO) recently sustained an agency’s bar on offerors using proposal consultants to prepare offerors’ responses to sample tasks as part of the offerors’ technical proposals. Advanced Communications Cabling, Inc. ("ACCI"), B-410898.2, decided March 25, 2015. In addition to raising the… Led Astray? Agency Discussions Are Sometimes MisleadingApril 20, 2015 Agencies may not mislead offerors by framing discussion questions that “misinform the offeror concerning a problem with its proposal.” CFS-KBR Marianas Support Services, LLC; Fluor Federal Solutions LLC, B-410486, January 2, 2015. Discussions, when held by an agency in connection with a negotiated procurement, must “identify deficiencies and significant weaknesses in an offeror’s… Your Team Members May Not Be All Yours -- How Far Does “Exclusivity” Extend?April 20, 2015 Troubling facts surfaced in a recent bid protest before the Government Accountability Office (GAO) raising significant questions as to the effect and reach of exclusivity language in a teaming agreement. The protest also demonstrates the difficulties in getting an agency or GAO to interpret and enforce exclusivity provisions. ERIMAX, Inc., B-410682, Jan. 22, 2015. ERIMAX, Inc.… You\'ve Got To Know When To Hold \'Em and Know When To Fold \'EmApril 14, 2015 As Kenny Rogers famously sung in “The Gambler”, “You've got to know when to hold 'em [and] know when to fold 'em.” This sage advice applies as well to contractors considering whether to protest, as amply demonstrated in the recent Government Accountability Office (GAO) decision in SBSI, Inc., B-410923 (March 20, 2015). The SBSI protest involved the second Defense Intelligence Agency… Don’t Dawdle in Formulating Your Bid and Teaming Strategy!April 14, 2015 Be diligent in identifying bidding opportunities, and formulating and implementing your bidding and teaming strategy, and do not count on a proposal due date extension to bail you out – particularly in commercial item procurements. As seen in Richen Management, LLC, B-410903, decided March 10, 2015, an agency’s refusal to allow more than 28 days to submit initial proposals, notwithstanding… Shield of Discretion Can’t Be Penetrated without Evidence of UnreasonablenessApril 7, 2015 The government’s “discretion” can act as an impenetrable shield, protecting awards from challenge. When the applicable legal standard grants discretion to the government and the subject agency provides at least minimal reasoning for its actions, it can be virtually impossible to prevail on an appeal absent clear evidence the agency acted unreasonably. The recent decision in In re… Short Take: Agencies Don’t Tailor Their Requirements to Fit Your NeedsMarch 9, 2015 WKF Friedman Enterprises (WKF) protested the terms of a solicitation issued by the Defense Logistics Agency for 74,274 tank track pads, asserting that the solicitation requirement for offers to be submitted on an “all or none” basis was unduly restrictive of competition. WKF Friedman Enterprises, B-410827. GAO disagreed. WKF wanted to submit an offer for less than half of the… |
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