Legal Blog

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

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

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

GAO Protest-Realism Analysis

Posted by Joseph Whitcomb on Mar 9, 2014 11:17:55 PM

When the Agency Decides to Perform and Price/Cost Realism Analysis

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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

GAO Bid Protest-Agency's Evaluation of Subcontractor Past Performance was Reasonable

Posted by Joseph Whitcomb on Mar 6, 2014 11:49:25 PM

Can an Agency Evaluate the Past Performance of a Key Subcontractor?

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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

GAO Protest-Debarment and Compelling Reason

Posted by Joseph Whitcomb on Mar 2, 2014 9:07:17 PM

Government Accountability Office Protest-GAO Determines that Debarment Issues do not fall in its jurisdiction

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Topics: Bid Protests, Debarment, Government Procurement, Bid Protest attorney, bid protest attorneys, bid protest lawyer, contract cancellation, Debarment, 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

GAO Bid Protest-Waiver of Discrepancies

Posted by Joseph Whitcomb on Feb 25, 2014 11:32:36 PM

C&D Construction's GAO Bid Protest against RUSH Construction

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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

GAO Bid Protest-Meaningful Discussion

Posted by Joseph Whitcomb on Jan 29, 2014 5:24:21 PM

GAO bid protest turns on whether the Department of the Army offered meaningful discussion to disappointed bidder

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Topics: Bid Protests, Government Procurement, Bid Protest attorney, bid protest attorneys, bid protest lawyer, disappointed bidder, GAO attorney, GAO bid protest, GAO bid protest timing, government accountability office, government contracts attorney, government procurement law

Standard of Review at Federal Claims Court for Bid Protest

Posted by Joseph Whitcomb on Jan 1, 2014 9:37:24 AM

What is the Standard of Review for Your Bid Protest at the Federal Claims Court?

On December 12, 2013, the United States Federal Claims Court issued a decision on a pre-award bid protest filed by Eco Tours. The 61 page decision offers a great deal of material useful for litigating federal bid protests.  This post will deal with just one section dealing with the standard of review for bid protests.  According to the Court, the standard of review for the typical bid protest is "whether the agency action was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." (the Administrative Procedure Act standard). 28 U.S.C. § 1491(b)(4) (incorporating the APA standard set forth in 5 U.S.C. § 706 (2012)); Banknote Corp of America Inc v US, 1350-51 (Fed. Cir. 2004) (citing Advanced Data Concepts, Inc. v. United States, 216 F.3d 1054, 1057-58 (Fed. Cir. 2000)). Also, the Court remarked that "a procurement decision may be set aside if it lacks a rational basis or if the agency’s decision-making involved a clear and prejudicial violation of statute or regulation."

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Topics: Bid Protests, Appellate Law, Government Procurement, Bid Protest attorney, bid protest lawyer, Federal Claims attorney, Federal Claims Court, GAO attorney, GAO bid protest, government accountability office, government contracting, government contracts attorney, government procurement law, Standard of Review

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