Government Contracts & Investigations

Category: Bid Protests and the Contracting Process

Do Not Be Discouraged: Agency Discretion on Corrective Actions Does Have Limits

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Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government Accountability Office (GAO) decision in MCR Federal, LLC, B-416654.2; B-416654.3 (December 18, 2018), serves as a reminder that failure is notRead More

Topics: Bid Protests and the Contracting Process

In Submitting a Bid or Proposal – Timing is Everything!

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In its recent decision in Criterion Systems, Inc. v. U.S., , the U.S. Court of Federal Claims (COFC) denied protester’s pre-award protest challenging the Agency’s rejection of its late submission of a revised quote in response to a solicitation amendment and request for revised quotations. In this case, the solicitation provided that ““[f]ailure to followRead More

Topics: Bid Protests and the Contracting Process

If You Want to Win the Contract, You Can’t Afford to Rely on Glancing References and Unsupported Assurances to “Demonstrate” Anything

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When solicitations require proposals to address numerous factors in a limited number of pages, offerors must find a way to adequately cover all the issues in as few words as possible. Faced with this situation, contractors may be tempted to use shorthand methods of presenting information. As the recent US Government Accountability Office (GAO) decisionRead More

Topics: Bid Protests and the Contracting Process

Recent Trends in Missouri Procurement Law Highlight Importance of an Early Protest Strategy

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When vying for a government contract, vendors hope to avoid the need for protest and litigation. But solicitation documents aren’t perfect. Often, the evaluation process isn’t either. When issues arise, vendors are left in a tricky position: Do you dispute the issue during the procurement process, possibly angering the people tasked with evaluating your bid?Read More

Topics: Bid Protests and the Contracting Process, State and Local Procurement

FAA Announces Audit of Its Award Practices for Major Acquisition Program Contracts

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In order to operate, maintain, and modernize the National Airspace System (NAS), the Federal Aviation Administration (FAA) relies on an expansive portfolio of capital assets. Acquisition plays a key role in supporting FAA’s mission to operate the NAS and modernize air traffic control through implementation of the Next Generation Air Transportation System (NextGen). The NextGenRead More

Topics: Acquisition Reform and Emerging Issues, Bid Protests and the Contracting Process, Claims and Disputes, Statutes and Regulations