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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.

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

Veterans Have to Play to Get Paid-The Rule of Two

Posted by Daniel McAuliffe on Apr 14, 2015 4:33:56 PM
<em>By <a title="Dan McAuliffe" href="http://whitcomblawpc.mystagingwebsite.com/attorneys/dan-mcauliffe-government-contracting/" target="_blank">Dan McAuliffe</a></em>

Satisfying the Rule of Two

The Veteran's Administration (VA) is a frequent target for criticism.  However, veterans themselves are responsible for some of that criticism because they fail to participate in programs designed to benefit them. For example in the case of VA procurements where veterans mistakenly assume there will be set-asides for veteran owned businesses. The VA will only set aside procurements for veterans if there are veteran businesses that are registered to compete for these procurement opportunities and the contracting officer can satisfy the rule of two requirement using normal market research. However, if the VA, or other federal agencies, seek veteran-business sources and find none the federal government is under NO obligation to set aside procurements.

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Topics: Government Procurement, sdvosb, Bid Protest attorney, bid protest lawyers, government contracts attorney, rule of two, SDVOSB, set-asides

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

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

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