When vying for a government contract, vendors hope to avoid the need for protest and litigation. But solicitation documents aren’t perfect. Often, the evaluation process isn’t either. When issues arise, vendors are left in a tricky position: Do you dispute the issue during the procurement process, possibly angering the people tasked with evaluating your bid?
Helping individuals, companies, and organizations understand key legal and practical considerations for promoting compliance and making better business decisions in these types of federal, state, and local government contracting matters MORE
Bid Protests and the Contracting Process
FAA Announces Audit of Its Award Practices for Major Acquisition Program Contracts
By Eric Whytsell on
In order to operate, maintain, and modernize the National Airspace System (NAS), the Federal Aviation Administration (FAA) relies on an expansive portfolio of capital assets. Acquisition plays a key role in supporting FAA’s mission to operate the NAS and modernize air traffic control through implementation of the Next Generation Air Transportation System (NextGen). The NextGen…
Being “Highly Desirable” Doesn’t Make a Specification Mandatory
By Eric Whytsell on
When pursuing a government contracting opportunity, it’s always important to read and understand the solicitation’s description of the contract requirements your proposal must address. In this context, as in most others, language matters. Indeed, as the recent Government Accountability Office (GAO) decision in The Lioce Group, B-416896 (January 7, 2019), reminds us, the language…
Contractors Need to Take OCIs Seriously because the Government Certainly Does
By Eric Whytsell on
For anyone who’s ever doubted or downplayed the importance of avoiding organizational conflicts of interest (OCIs), a recent settlement announced by the Department of Justice in Colorado should serve as a wake-up call.
Last month, the U.S. Attorney for the District of Colorado announced that Progressive Technology Federal Systems, Inc. (PTFS) and its President and…
“Whoops, We Didn’t Mean for It to Say That”
By Susan Ebner on
We often hear that contractors are not entitled to a “second bite from the apple.” As the recent General Accountability Office (“GAO”) decision in Navarre Corporation, B-414962.6; B-414962.7 (October 22, 2018), makes, clear, however, the same cannot be said about procuring agencies. In that bid protest, the GAO once again reinforced the flexibility of…