Legal Blog

When A Winning Bid Loses. Clear Compliance With Material Requirements Matter.

Posted by Daniel McAuliffe on Dec 21, 2014 6:58:16 PM

An example of failing to meet material requirements caused a winning bid to lose?

The General Accountability Office (“GAO”) decided recently that too much of a good thing can be a bad thing. On August 13, the GAO denied Valley Quarries, Inc.’s bid protest after the Federal Highway Administration (“FHWA”) terminated Valley Quarries’ bid as nonresponsive, and chose Rogele, Inc. instead. The invitation for bids (“IFB”) called for the winning contractor to reconstruct pavement and sidewalks, install street lights, and perform other construction services in Gettysburg, PA., the city most well-known for Lincoln’s Gettysburg Address.

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Topics: Bid Protests, Government Procurement, Colorado government procurement attorneys, government contracts attorney, Government Contracts Law Firm, material requirements, winning bid

Case Alert for Veteran-Owned Small Business

Posted by Joseph Whitcomb on Jul 7, 2014 11:46:16 AM

Veteran-Owned Small Business Must Be Small

In early June, the U.S. Court of Appeals for the Federal Circuit issued a notable opinion for those involved in government procurement.  The case, Kingdomware Techs, Inc. v. United States, was on appeal from the U.S. Court of Federal Claims. Kingdomware, a small certified service-disabled veteran-owned small business, brought suit against the U.S. when the U.S. Department of Veterans Affairs (VA) procured services it needed to install an Emergency Notification Service in several of its hospitals from a vendor on the FSS, although the specific vendor was not a Veteran-Owned Small Business (VOSB). The FSS (Federal Supply Schedule) is a list of vendors approved to do business for any governmental agency, and a Veteran-Owned Small Business may appear on the list. The U.S. Court of Federal Claims found against Kingdomware and the Court of Appeals agreed. The issue came down to statutory construction. Particularly important to the decision was 38 U.S.C. § 8127(c), which states:

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Topics: Government Procurement, sdvosb, Colorado government procurement attorneys, Colorado government procurement lawyers, SDVOSB, SDVOSB attorney, sdvosb certification, SDVOSB lawyer

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