Jackson Kelly PLLC

Government Contracts Monitor

Bid Protests

It’s Not Within the Agency’s Discretion to Ignore Aspects of a Proposal

The Court of Federal Claims granted a preliminary injunction to a government contractor in a bid protest case because the Army failed to properly document its evaluation of the protestor’s proposal. See Linc Gov’t Services, LLC v. United States, No. 12-522 (Fed. Cl. Dec. 28, 2012).  The Court was highly critical of the agency, noting that while it had a great deal of discretion in…

Update: Court Sides with VA’s Interpretation that Veteran-Owned Small Business Set-Asides Are Not Necessary Before Ordering Off the Federal Supply Schedule

In a recent decision, Kingdomware Technologies, Inc. v. United States, No. 12-173C (Fed. Cl. Nov. 27, 2012), the Court of Federal Claims held that under the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128 (“the VA Act”), the Department of Veterans Affairs (VA) may purchase goods/services off the Federal Supply Schedule (FSS) using…

Which Way to Look and For What Relief?

In a recent bid protest challenging the Army’s award of an 8(a) contract to an allegedly ineligible small business, Reema Consulting Services, Inc. v. United States, No. 12-402C (Fed. Cl. Nov. 26, 2012), the Court of Federal Claims stated that:

Like the Roman God Janus, plaintiff concurrently looks backward and forward in requesting relief.

Unfortunately for the Protestor, channeling the ancient…

The Risks of Submitting Proposals Electronically

A recent protest at the Court of Federal Claims demonstrates the dangers of submitting a proposal close to the deadline, especially when using the Internet, and the perils of failing to read all aspects of a solicitation carefully.  See Laboratory Corp. of America v. United States, No. 12-622C (Fed. Cl. Oct. 22, 2012). 

         &…

Defective Debriefings - Where\'s the Remedy?

Debriefings are a key component of most competitive procurements. They can occur before or after contract award and can and should be requested by successful and unsuccessful offerors alike.

In a debriefing the agency discusses the strengths and weaknesses it found during the evaluation process and,  post-award, information about the awardee's proposal and price and the rationale for…

Talk To Me: The Cone of Silence

It still comes as a surprise to some contractors that the Government is not required to talk with them about their proposal and, even when it does, that it is not required to have the same conversation with them as it does with their competitors.  This is particularly true in FAR Part 8 procurements under a GSA Federal Supply Schedule. So, don't be surprised if the Government won't…

Watch Out for Flying Pigs! GAO Permits and Grants Untimely Protest

In a very rare move, GAO allowed an untimely protest under the “significant issue” exception to its timeliness rules.  Cyberdata Technologies, Inc., B-406692 (Comp. Gen. Aug. 8, 2012).  Generally, a protest challenging the solicitation terms must be made prior to bid closing and a protest challenging the evaluation must be made within 10 days of learning of the basis for the protest.  4…

Is The Higher Price Justified? GAO Again Weighs In On Price/Technical Tradeoffs

A recent GAO case confirms the Government’s obligation to perform proper price/technical tradeoffs in best value procurements. 

In J.R. Conkey & Associates, Inc. dba Solar Power Integrators, B-406024.4 (Comp. Gen. Aug. 22, 2012), the Government’s price/technical tradeoff analysis included only the three proposals with the highest technical scores.  The Government did not consider…

The Ongoing Dispute between the GAO and the VA over Set-Asides and the Limitations of the GAO’s Authority

The GAO and the Department of Veterans Affairs (VA) have been at loggerheads since last October over whether the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128 (2006), (the VA Act) requires set asides for service-disabled veteran-owned small business (SDVOSB) in Federal Supply Schedule (FSS) procurements.  This longstanding dispute highlights…

Ask For a Debriefing Whether You\'re Happy or Sad

Too often successful offerors neglect to ask for a debriefing.  They are in the habit of requesting a debriefing only when they are a disappointed offeror.  This is a mistake.  It is always important to have as much information as possible about the award decision.

In a case decided earlier this month, a contractor learned the hard way how important it is to have a debriefing.

Understanding the Experience Factor – Another Losing Protest

A recent bid protest at the GAO, Sigmatech, Inc., B-406288.2 (Comp. Gen. July 20, 2012), reveals the importance of clearly and explicitly demonstrating that you meet the RFP criteria.  Sigmatech protested the Army’s conclusion that its competitor – CAS – had superior experience (CAS was rated outstanding; Sigmatech very good). The protest centered on Sigmatech’s allegations that: (i)…

 

© 2022 Jackson Kelly PLLC. All Rights Reserved.