Government Contracts MonitorBid ProtestsAn Old-Fashioned Protest Ground--Unduly Restrictive Requirements--Still Alive and WellJune 6, 2018 Successfully protesting the terms of a solicitation as being unduly restrictive is still possible--this protest ground is alive and well. However, it requires more than just showing that you are not capable of meeting the objectionable requirements. You must establish that the solicitation includes requirements that both limit the field of competition and are not necessary to meet the agency’s… Protest Timing and the Goldilocks ProblemMay 31, 2018 Offerors seeking to protest an agency decision face a number of important decisions. One of the most fundamental--and potentially tricky--such issues is when to file the protest. File before an adverse decision by the agency and the protest will be dismissed as premature. But wait too long and it will be dismissed as untimely. While the general rules of protest timing may seem relatively… Dun & Bradstreet Reports Have Limited Utility When Challenging Responsibility Determinations at the GAOMay 24, 2018 Disappointed bidders seeking to challenge a contracting officer’s affirmative responsibility determination will attempt to rely on any information that appears even arguably relevant. One common source of information to which such offerors turn is the Dun & Bradstreet (D&B) report on the awardee, under the theory that its contents can help demonstrate a lack of financial wherewithal. As the… In the Absence of a Definition, the Agency's Reasonable Interpretation of Terms ControlsMay 3, 2018 It’s essentially impossible to submit a winning proposal if you don’t understand what the procuring agency wants to buy. But understanding what a solicitation is saying is sometimes more difficult than it seems. Offerors pursuing a contract award are sometimes disappointed to learn that their understanding of a word or phrase does not match the meaning the procuring agency intended it to convey.… If It's Not Equal or Comparable, It's Not AwardableApril 24, 2018 When an agency issues a request for quotations (“RFQ”) for a product with certain technical specifications, but then awards a purchase order based on an allegedly equal or comparable product, the Government must ensure the quoted products are, in fact, equal and comparable. Otherwise, the RFQ must be amended to allow all bidders to provide quotes based on the less exacting technical… 44 Minutes Is Not Much Response Time, But It Can Be EnoughApril 19, 2018 One of the first things offerors look for upon receipt of a new solicitation is the response due date. Given the critical importance of timing to the proposal preparation process, offerors are naturally disappointed when the amount of time allowed is shorter than they think necessary. In cases where an offeror believes the response time is so short that it robs them of the opportunity to… GAO Mandates Bid Protest E-Filing and $350 Filing Fee Starting May 1, 2018April 12, 2018 The Government Accountability Office (GAO) is requiring that all new bid protests filed starting May 1, 2018, be filed electronically, using GAO’s new Electronic Protest Docketing System (EPDS). GAO also is requiring payment of a $350 filing fee at the time of filing as a condition to acceptance and processing of a new protest. These new requirements apply to all new bid protests, except protests… If You Think Some Corrective Action Is Overly Restrictive, You're RightFebruary 15, 2018 In general, when a procuring agency responds to a protest by taking corrective action, the Government Accountability Office (GAO) does not object to the specific corrective action, so long as it is appropriate to remedy the concern that caused the agency to opt for corrective action. The recent GAO decision in Castro & Company, LLC, B-415508.4 (February 13, 2018) reminds us, however, that… If You're Looking for Protest Grounds, Look Early and Often for Agency Deviations from the SolicitationJanuary 18, 2018 While an agency’s failure to follow the terms of the solicitation stands as one of several basics grounds for a successful protest, such deviations are not always easy to spot. Often they do not become evident until the protest is well under way. The decision in the recent Government Accountability Office (GAO) case of East Coast Utility Contractors, Ltd., B-415493, B-415493.2 (January 16, 2018)… If an "Exact Product" Is Required, Make Sure You Clearly Offer OneJanuary 10, 2018 Faithful readers of the Government Contracts Monitor have been repeatedly reminded of an offeror’s responsibility to submit a well-written quotation clearly demonstrating its ability to comply with the solicitation’s requirements. (Here, for example.) Unfortunately, protesters continue to lose protests because of the failure to submit adequate offers. The recent Government Accountability Office… If the Agency Throws You a Lifeline, Grab It!December 7, 2017 Most contractors are familiar with the Far Part 15 discussions process during which the procuring agency identifies significant weaknesses and deficiencies in the proposals of the offerors in the competitive range. The procedure is intended to help those offerors improve their proposals so that the Government has the best possible options to choose from. In order to take advantage of the… GAO Bid Protests – FY17 Protest Statistics (Overall Effectiveness at 47%; Sustains at 17%) and a Look AheadNovember 16, 2017 The Government Accountability Office (GAO) this week issued its Annual Report to Congress on bid protests during Fiscal Year 2017 (FY17; 10/1/16-9/30/17). The total number of bid protests filed (including supplemental protests, cost claims & reconsideration requests) declined (for the first time in three years) by 7% (2,596 vs. 2,789 protests in FY16). GAO closed 2,672 protests during the year,… |
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