HDR farblog
Sep
06

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 Homeland Security. The agency rejected an initial proposal because the submitter (and eventual protestor) failed to include in its price proposal several government-supplied “plug numbers”—i.e., pre-priced items for two contract line items (CLINs) X007AA and X007AB from the solicitation schedule.

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© 2019

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Aug
12

Additional supporting arguments for timely protests v. new protest grounds in GAO litigation

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.

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© 2019

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Jun
11

GAO decision underscores importance of taking notes during negotiations

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).

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© 2019

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Mar
21

Basis for protesting bid may be that RFQ unduly restricts competition

The Government Accountability Office (GAO) recently ruled in favor of a bid protester on the issue of whether a request for quotations (RFQ) unduly restricted competition. The decision provides insight into how to increase the chances of a successful bid protest concerning this issue.

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© 2017

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Dec
08

Promises to comply with RFP don’t win a contract

A recent bid protest provides an object lesson in how to prepare a successful bid—or otherwise effectively negotiate with the government in discussions over a proposal.

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© 2016

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