Frequently, protesters will seek to supplement their complaints after the initial GAO protest submission. When protesters raise multiple rounds for complaint, the Government Accountability Office (GAO) will be guided by its bid protest regulations on timeliness under 4 C.F.R. § 21.2. These regulations do not contemplate “[t]he piecemeal presentation or development of protest issues.” Curtis Center Ltd. Partnership—Reconsideration, Comp. Gen. Dec. B-257863.3, 95-1 CPD 147.
Procuring agency’s corrective action may turn a bid protest into “academic exercise”
A common occurrence in Government Accountability Office (GAO) bid-protest practice is for the procuring agency to announce it will take corrective action in response to a complaint against the award and the agency requests that GAO dismiss the protes
Inexperience is no excuse
Protesters will not be excused from abiding by the bid protest regulations of the Government Accountability Office (GAO) because of their inexperience with protests or their lack of understanding of the GAO protest procedures. [1] Thus, the GAO’s bid
Successful bid protests require evidence and explanation, not mere allegations and speculation
In BNL, Inc., B-409450, B-409450.3, 2014 CPD ¶ 138, 2014 WL 1818046, the protester in a procurement for management, acquisition, and financial support to the Department of Veterans Affairs (VA) argued that the agency improperly evaluated the proposal
Under a government contract, who pays for hurricane damage?
During the performance of a contract, unanticipated circumstances can arise which increase a contractor’s costs. Sometimes, the contract allocates the risk of the unexpected event as, for example, when a contract provides that the agency will bear th
To win government contracts, request clarification of ambiguous language
In Safeguard Base Operations, LLC v. United States, 2019 WL 3789887 (July 2, 2019), a protest to the U.S. Court of Federal Claims (COFC), the procurement was for dormitory services for the Federal Law Enforcement Training Center, U.S. Department of H
Aug
12
Jul
26
The books are filled with decisions where a contractor filed a certified claim under the Contract Disputes Act (CDA), 41 U.S.C. chapter 71, for an equitable adjustment or other relief arising under or related to the contract. But is there ever a requirement for a contractor to file a certified claim in support of an affirmative defense to a government claim?
Jun
11
In June 2018, CACI, Inc., challenged the award of a $56 million task order to another offeror. CACI argued in part that the procuring agency, the General Services Administration (GSA), had engaged in unfair and misleading oral discussions with the protestor as compared with the eventual awardee, Digital Management, Inc. (DMI).
May
03
Courts and boards have narrowly construed when a contract will incorporate extrinsic terms by reference. A good example of this practice occurred in a recent decision of the U.S. Court of Federal Claims, Peterson Industrial Depot, Inc. v. U.S., 140 Fed. Cl. 485 (2018), where the court denied a contractor’s breach-of-contract claim because the contract lacked the specificity to make outside documents part of the agreement.
Dec
29
On December 12, 2017, President Donald Trump signed the 2018 National Defense Authorization Act (NDAA). A number of the provisions increase opportunities for large and small businesses and open the Government contracting market to a number of vendors who otherwise might not be interested.