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Cancelling Solicitation Can Be Abuse of Discretion

Posted by Daniel McAuliffe on Mar 14, 2017 10:41:34 AM

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Can an Agency Extend an Incumbent's Contract Without Justification?

The GAO has ruled that cancelling solicitations and extending contracts with an incumbent, requires a good reason. In the Matter of:  Walker Development & Trading Group, Inc., File:  B-413924, dated January 12, 2017, the GAO sustained the protest of a VA decision to extend the award of an $10 million indefinite‑delivery/ indefinite-quantity (IDIQ), fixed‑priced contract for laundry services.

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Topics: Bid Protests, Government Procurement, bid protest, bid protest attorneys, federal bid protest, government contracts attorney

Latvian Wins Bid Protest Against FedBid for Determination of Non-Responsibility

Posted by Joseph Whitcomb on Apr 14, 2015 3:26:20 PM

Fed-Bids Determination of Non-Responsibility

Kevin Barnes, the service connected veteran owner of Latvian Connections, filed a pro se pre-award bid protest with the GAO against FedBid, Inc.  FedBid, was acting as an agent for the Department of the Interior, U.S. Geological Survey, in a reverse auction platform and had suspended Latvian, because Latvian had  in FedBid’s terms “taken actions to repeatedly and purposely interfere with FedBid’s business relationships. “  FedBid continued:

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Topics: SBA Bid Protest, Bid Protests, Government Procurement, sdvosb, bid protest, Bid Protest attorney, bid protest attorneys, bid protest lawyer, finding of non-responsibility, GAO bid protest, GAO bid protests, government contracting, government contracts attorney, government procurement law

Fresh Fruits and Vegetables and a Federal Bid Protest

Posted by Joseph Whitcomb on Mar 17, 2015 11:28:41 AM

How did fresh fruits and vegetables become the ingredients of a federal bid protest?

Raymond Express International, LLC, V. The United States

Pre-award federal bid protest

Plaintiff Raymond Express Int'l, LLC (REI) filed a pre-award federal bid protest on December 8, 2014 and asked the court to enter the following four questions regarding solicitation, which had been amended six times. As anecdotally, three of the amendments were the result of protest previously filed by REI at the agency and GAO level. The solicitation was for a bid to provide fresh fruit and vegetables to DoD commissaries in South Korea, Japan, and Guam. The bid protest for injunctive and declaratory relief was filed under an expedited schedule and oral argument was heard on January 26, 2015. U.S. Court of Federal Claims Court Senior Judge Lynn Bush ruled that the solicitation did not violate procurement laws or regulations and was not arbitrary or capricious and granted defendant's motion for judgment on the administrative record.

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Topics: Bid Protests, Government Procurement, bid protest, Bid Protest attorney, bid protest attorneys, bid protest lawyer, bid protest lawyers, GAO attorney, GAO bid protest, government accountability office, government contracting, government contracts attorney, government procurement law, US Court of Federal Claims

Bid Protests and Rigid Rules

Posted by Joseph Whitcomb on Feb 22, 2015 4:14:48 PM

Your Brilliant Grounds for Bid Protests Won't Matter if You Don't Follow Strict Procedural Rules

When filing GAO bid protests, Strict Compliance with its Regulations is Required. The importance of knowing and understanding the GAO's rules for bid protests cannot be understated.  The GAO strictly adheres to its regulations – including sending protest filings to the correct email address.

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Topics: Bid Protests, Government Procurement, bid protest, Bid Protest attorney, bid protest attorneys, bid protest lawyer, bid protest lawyers, federal rules, GAO bid protests, government contracts attorney, government procurement law, procedures

Change Orders and Time Extensions: Sound Off Early and Often

Posted by Daniel McAuliffe on Feb 17, 2015 6:56:58 AM

K-CON BUILDING SYSTEMS, INC., v. US

K-Con appealed a federal Claims Court decision to the US Court of Appeals for the Federal Circuit.  The contractor brought to separate claims on appeal: 1) the liquidated damages clause that appeared in the contract was unenforceable; 2) the federal Claims Court erred in its ruling that it did not have jurisdiction over K-Con’s appeal of the contracting officer’s denial of extensions of time; and 3) K-Con was due compensation for additional work performed secondary to change orders.

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Topics: Bid Protests, Appellate Law, Government Procurement, bid protest, Federal Claims attorney, Federal Claims Court, government contracts attorney, Government Contracts Law Firm

Advanced Photon Falls Short For Small Business Research Funds Award

Posted by Joseph Whitcomb on Dec 30, 2014 3:09:14 PM

Bid protests for research funds award

On Tuesday, the Government Accountability Office (“GAO”) denied Advanced Photon Applications’ (“APA”) bid protest. APA took exception to the Department of the Army’s decision not to award it Phase I research funds under the Department of Defense’s (“DOD”) Small Business Innovation Research funds program.

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Topics: Bid Protests, Government Procurement, GAO, bid protest, Bid Protest attorney, bid protest lawyer, federal bid protest, government accountability office, government contracting, government contracts attorney, research funds

Experience and Past Performance Factors: Technically Acceptable When Essentially Absent

Posted by Joseph Whitcomb on Dec 22, 2014 10:05:20 AM

It appears that no past performance and old experience can still rise to the level of "technically acceptable."

Recently, the Government Accountability Office (“GAO”) returned from the Labor Day Holiday to determine whether the Department of the Army properly picked its role play partner. The Army’s Request for Proposals (“RFP”) sought offers to provide civilians the chance to perform battlefield role-player services for military exercises. The Army’s RFP stated that it would award the contract to the lowest-priced, technically acceptable offeror. As is typical in the world of government procurement, nothing is quite that simple.

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Topics: Bid Protests, Government Procurement, bid protest, government contracts attorney, Government Contracts Law Firm, past performance

In Bid Protest, Solicitation Requirements Matter. Sigmatech's $20+ Million Setback

Posted by Daniel McAuliffe on Dec 21, 2014 6:40:49 PM

GAO rules that solicitation requirements is all that matters in bid protest situation.

Recently , the Government Accountability Office (“GAO”) released its report denying Sigmatech Inc.’s bid protest regarding its bid to supply the Department of the Army (“the Army”) with programmatic support services. Sigmatech took issue when the Army ultimately awarded the $20 million contract to Total Computer Solutions, Inc. (“TCSI”).

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Topics: Bid Protests, Government Procurement, bid protest, Bid Protest attorney, bid protest attorneys, bid protest lawyers, GAO bid protest, gao bid protest attorney, GAO bid protests, government contracts attorney, solicitation requirements

Bid Protests: The Devil Is In The Details

Posted by Joseph Whitcomb on Nov 21, 2014 10:03:20 PM

What Details are Important in Bid Protests?

Recently, Paradigm won a bid against the Missile Defense Agency’s (“MDA”) issuance of a task order to Booz Allen Hamilton, Inc. Its successful bid protest provides insight into the level of detail that must be applied when submitting bids for government contracts.  The Government Accountability Office (“GAO”) valued the task order at over $10 million, so as usual with bid protests, a lot was at stake.

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Topics: Bid Protests, Government Procurement, bid protest, Bid Protest attorney, bid protest attorneys, task order request

Promotions Small Business Set-Aside Bid Protest Punted

Posted by Joseph Whitcomb on Nov 1, 2014 8:24:05 PM

Why file a small business set-aside bid protest?

Military pilots wear gloves.  The government supplies those gloves.  The gloves must come from somewhere. This week, the Government Accountability Office (“GAO”) decided a bid protest issue about where those gloves come from.  Promotions Plus filed a bid protest when the Defense Logistics Agency’s (“DLA”) awarded a contract to be supplied green and tan Summer Flyer’s Gloves by M&M Manufacturing. The GAO ultimately denied the protest.

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Topics: Bid Protests, Government Procurement, bid protest, small business manufacturing

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