Legal Blog

Bid Protest Over Lack of SAM Registration Accuracy

Posted by Daniel McAuliffe on Dec 6, 2016 6:00:37 PM

Double Check Your SAM Registration Accuracy!

We urge all our clients to be thoughtful about not only their corporate documents (such as articles, operating agreements and bylaws), but to double check the accuracy of their DUNS and SAM registration accuracy. Government contracting officers rely on the information in these systems when making their decisions. The GAO has also upheld contracting related decisions by contracting officers that rely on this information – even if the information in the databases is out-of-date or inaccurate.

 In the Matter of: Nationwide Value Computer, Inc. (Nationwide) (GAO File: B-411190, dated June 11, 2015) the GAO denied and dismissed a protest against an agency decision to exclude a small business from an award because the small business failed to certify itself as a small business in SAM.

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

Price Realism Analysis Bid Protest Sustained

Posted by Daniel McAuliffe on Dec 6, 2016 12:02:36 PM

Matter of GiaCare and MedTrust JV

[button link="http://whitcomblawpc.com/?p=4053" style="download" bg_color="#2727d6"]Matter of GiaCare[/button]
Protesting an agency’s award of the contract based on a flawed price realism analysis is normally an uphill battle. However, in the matter of GiaCare and MedTrust JV, the importance lied in the solicitation itself. As the GAO recounted in sustaining GiaMed’s protest, “an agency may provide, in the solicitation, for the use of a price realism analysis for the limited purpose of measuring an offeror’s understanding of the requirements or to assess the risk inherent in an offeror’s proposal.” However, the legal factors to consider include:

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Topics: Bid Protests, Government Procurement, Bid Protest attorney, bid protest lawyer, 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:

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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

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))

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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.

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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

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

Sometimes the Lowest-Priced Bid is Not Enough

Posted by Joseph Whitcomb on Nov 1, 2014 5:10:07 PM

Shouldn't the lowest-priced bid do the job?

It’s time for some champagne for the Federal Builders who just pulled off an impressive win in front of the GAO. Recently, the Government Accountability Office (“GAO”) sustained Federal Builders, LLC-The James R. Belk Trust’s (“Federal Builders) bid protest contesting the Bureau of Land Management’s (“BLM”) contract award to Presidio Bay Capital. The agency’s request sought proposals for the lease of around 12,500 square feet of office and warehouse space in Lake Havasu, Arizona. The request sought a lease term for up to 20 years. The BLM stated it would award the lowest-priced bid, technically acceptable offer.

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Topics: Bid Protests, Government Procurement, bid protest, Bid Protest attorney, bid protest lawyer

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

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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

SBA Bid Protest-SDVOSB Joint Venture Agreement

Posted by Joseph Whitcomb on Mar 15, 2014 5:09:43 PM

What information must a joint venture agreement contain when an SDVOSB is involved?

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Topics: SBA Bid Protest, Bid Protests, Government Procurement, sdvosb, Bid Protest attorney, bid protest attorneys, bid protest lawyer, contract cancellation, government accountability office, government contracting, government contracts attorney, government procurement law, Joint Venture Agreement, SBA attorney, SBA bid protest timing, when can I file my SBA bid protest

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