Legal Blog

Cancelling Solicitation Can Be Abuse of Discretion

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

More Info

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.

Read More

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

Meaningful Discussions Not Allowed Unless They Are

Posted by Daniel McAuliffe on Dec 4, 2016 5:11:16 PM

What are Meaningful Discussions?

When competing for government contracts small business clients are often confused about the difference between meaningful discussions and "clarifications."

 The Federal Acquisition Regulations (FAR) differentiate between clarifications and discussions. A clarification occurs after a bid is submitted when the government has a “limited exchange” with an offeror. A clarification does not revise or change a submitted proposal. Meaningful discussions occurs when the government communicates with offerors to obtain information essential to deciding if a proposal is acceptable or to provide an offeror with an opportunity to revise or materially modify a proposal.

Read More

Topics: Bid Protests, Government Procurement, Bid Protest attorney, bid protest attorneys, bid protest lawyers, government contracts attorney, Government Contracts Law Firm

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:

Read More

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.

Read More

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

SBA Bid Protest: Two Classes of Stock and SDVOSB Eligibility

Posted by Joseph Whitcomb on Feb 23, 2015 8:47:41 AM

The SBA Bid Protest- No Good Deed Goes Unpunished

The SBA bid protest in question arose out of a Department of State request for proposals for an aviation program support service.  The contract was a SDVOSB set aside and Precise Systems Inc. was the apparent winner.  Four companies All Points Logistics, LLC; AMPS, LLC; B3 Solutions, LLC; and Downrange Operations and Training, LLC, filed a SBA bid protest alleging that Precise Systems was not unconditionally and directly owned by a service-disabled veteran due to its Employee Stock Ownership Plan (ESOP).  The Acting Director of Government Contracting (AD/GC) sustained the protest and Precise appeal the AD/GC decision to the Office of Hearings and Appeals (OHA).  In sustaining the SBA bid protest, the AD/GC posited that “in order for a corporation to qualify as an SDVO SBC, at least 51 percent of the aggregate of all stock outstanding and at least 51 percent of each class of voting stock outstanding must be unconditionally owned by one or more service-disabled veterans.”  (Internal quotes omitted) (citing 13 CFR §125.9 (d))

Read More

Topics: SBA Bid Protest, Bid Protests, Government Procurement, sdvosb, Bid Protest attorney, bid protest attorneys, bid protest lawyer, government contracting, government contracts attorney

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.

Read More

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

USCOFC Overturns CVE Determination Revoking SDVOSB Status

Posted by Joseph Whitcomb on Jan 13, 2015 11:57:31 AM

Should you protest a CVE determination with the U.S. Court of Federal Claims?

A negative CVE determination can be devastating to your company.  On October 10, 2014, the U.S. Court of Federal Claims granted construction company Ambuild’s summary judgment motion in its protest against the CVE and the VA’s OSBDU.  According to the case Ambuild Co. LLC v. United States, the protest began after Ambuild successfully bid on a VA issued construction project and the disappointed bidder, Welch construction, Inc., filed an SBA protest and an agency level protest with the VA OSDBU and CVE.  Welch's protest asserted that Ambuild was not controlled by a service disabled veteran and that the company did not meet SBA size standards, because of its affiliation with a larger construction company.  Interestingly, Ambuild is owned entirely by Mark DeChick, an honorably discharged and service-connected United States Marine.  CVE first certified Ambuild in 2012 and renewed its certification in March 2014.  The SBA denied Welch's protest on the grounds over which it had jurisdiction, and the CVE/OSDBU determined that Ambuild did meet size requirements and was not affiliated with the larger construction company.  However, the CVE upheld the protest on grounds unrelated to Welch's protest.  Beyond that, CVE disqualified Ambuild from the vetbiz database making them ineligible to bid on VA SDVOSB set-asides.

Read More

Topics: Bid Protests, Government Procurement, sdvosb, Bid Protest attorney, bid protest attorneys, CVE determination, government contracts attorney, Government Contracts Law Firm, US Court of Federal Claims

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”).

Read More

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.

Read More

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

GAO Bid Protest-Significant Weakness

Posted by Joseph Whitcomb on Apr 21, 2014 3:43:31 PM

Does Your Bid Proposal have a "Significant Weakness?"

McGoldrick Construction Services Corporation March 28, 2014

[button link="http://whitcomblawpc.mystagingwebsite.com/wp-content/uploads/2014/04/McGoldrick-Construction-Services-Corporation-wcomments.pdf" style="download" color="red"]Download Decision[/button]

Read More

Topics: Bid Protests, Government Procurement, Bid Protest attorney, bid protest attorneys, bid protest lawyer, contract cancellation, GAO attorney, GAO bid protest, GAO bid protest timing, government accountability office, government contracting, government contracts attorney, government procurement law, when to file gao bid protest

More Info

(866)476-4558

  • Health Care Law
  • international business transactions
  • Trademark Law

Subscribe to Our Mailing List

Posts by Topic

see all