Government Contracts & Investigations

Category: Bid Protests and the Contracting Process

When It Comes to Solicitations, Stick to the Script

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While some rules may seem basic enough to overlook, the Government Accountability Office (GAO) decision sustaining the protest in Avionic Instruments LLC (Avionic), B-418604, B-418604.2 (June 30, 2020) reminds us of a fundamental tenet in government contracting for both agencies and offerors: abide by the terms of the solicitation. The underlying solicitation, a request forRead More

Topics: Bid Protests and the Contracting Process

Inaccuracies on SAM May Not Be Enough to Sustain a Protest

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A lie may be a lie, but false representations and certifications on SAM may not necessarily be a proper protest ground. As the recent Government Accountability Office (GAO) decision in Phoenix Environmental Design, Inc. (Phoenix), B-418473, B-418473.2 (May 20, 2020) suggests, “minor” inaccurate statements may fall short of sustaining a protest. Through the underlying solicitation,Read More

Topics: Bid Protests and the Contracting Process

If the Solicitation Doesn’t Provide Enough Information for You to Bid Intelligently, Push for More

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Ideally, an agency’s solicitation would provide comprehensive information about its requirements so that interested offerors each had what they needed to craft their best response to the agency’s actual needs. Such a situation would create a level playing field for competition and allow the agency to conduct a meaningful “apples to apples” evaluation to determineRead More

Topics: Bid Protests and the Contracting Process

Past Performance, Present (and Future) Problems

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Government contractors should consider all contract performance vitally important because they can’t always control which past performance is considered by agency evaluators. The recent Government Accountability Office (GAO) decision in Sayres & Associates Corporation (Sayres), B-418382 (March 31, 2020) reminds offerors that poor past performance, even under just one contract, can have lasting negative effectsRead More

Topics: Bid Protests and the Contracting Process

Simplified Acquisition Procedures Afford Agencies a Lot of Latitude

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Not being included, or being purposely excluded, may remind some of adolescence, and may remind others of the Federal Acquisition Regulation (FAR) simplified acquisition procedures. The recent Government Accountability Office (GAO) decision in Phoenix Environmental Design, Inc. (Phoenix), B-418304 (March 2, 2020) deals with facing the latter form of disappointment. The underlying purchase order inRead More

Topics: Bid Protests and the Contracting Process, Small Business / Socioeconomic Issues