August 31, 2020

The end of FY20 is around the corner, which means countless government contractors have recently received an award decision (or are patiently waiting for an award decision) from a federal agency. It also means that some contractors are waiting for an opportunity to receive a debriefing under the Federal Acquisition Regulation ("FAR").

Under FAR Part 15 (negotiated procurements) and FAR 16.505(b)(6) (task/delivery orders exceeding $5.5 million), fe...

July 8, 2020

Recently, the Government Accountability Office ("GAO") sustained a protest where the awardee had actual knowledge––prior to award––that a key person was unavailable and failed to notify the agency of that material change.

The protest of M.C. Dean, Inc., B-418553; B-418553.2, June 15, 2020 involved a National Security Agency contract to "provide maintenance, installation, and distribution services for the agency’s comprehensive enterprise class physical security syste...

June 26, 2020

A recent Government Accountability Office ("GAO") bid protest decision provides a cautionary reminder for protesters concerning interested party status. Where a protester fails to challenge an evaluation decision rendering the protester ineligible for award, GAO will likely conclude that the protester is not an interested party and will dismiss the protest.

InBabel Street, Inc., B-418730, June 16, 2020, the protester challenged the Air Force's evaluation and awa...

June 5, 2020

Recent Government Accountability Office ("GAO") bid protest decision holds that GAO lacks jurisdiction to hear a protester's challenge to being eliminated from further consideration under an Other Transaction Agreement ("OTA"). [1] Notably, while this decision is consistent with GAO's prior rulings, it also appears to be the first instance in which GAO ruled on a protester's exclusion from further consideration under an OTA.

Briefly, in System Architec...

May 27, 2020

Recent Government Accountability Office ("GAO") bid protest decision reiterates the rule that agencies must provide enough information in a solicitation so offerors can bid intelligently. Where a protester challenges a solicitation that lacks sufficient detail and runs afoul of this rule (and others), GAO will likely sustain the protest.

The protest of ASRC Federal Data Network Technologies, LLC; Ekagra Partners, LLC, B-418085.4; B-418085.5; B-418085.7, May 5, 2020 i...

May 11, 2020

For some small businesses, securing your information systems (and your proprietary data) might seem complicated and expensive, but it doesn't have to be.  After all, cybersecurity can simply be described as implementing practices, procedures, and technologies to protect the confidentiality, integrity, and availability of data (i.e., to help prevent unauthorized access to data and cyberattacks).

A cybersecurity program can begin with, for example, creating i...

May 6, 2020

Recent U.S. Court of Federal Claims ("COFC") opinion provides a cautionary reminder to protesters: before challenging the size of a small business at COFC, protesters must first follow the procedures set forth in Small Business Administration's ("SBA") regulations.

In Harmonia Holdings Group, LLC v. United States, No. 19-1421C (Fed. Cl. Apr. 3, 2020), the protester challenged an award decision by the United States Census Bureau, Applications Development and Services Division's (the "Agency")...

April 3, 2020

Recently, the Government Accountability Office ("GAO") published a short bid protest decision that provides a cautionary reminder on its bid protest timeliness rules. Bottom line: a contracting officer's phone call regarding a procurement decision can, in some instances, start GAO's bid protest timeliness shot clock.

In Zero Waste Solutions, Inc., B-418550, March 31, 2020, 2020 CPD ¶ ___, the protester was providing solid waste management services at Fort Knox, Kentucky under a contract...

March 31, 2020

The impact of the novel coronavirus (COVID-19) pandemic on the government contracting community is widespread. From shelter-in-place directives, to stop work orders, telework, and delays, contractors are necessarily navigating uncharted territory. The calculated decision to scale back operations or layoff/furlough employees is also an unfortunate scenario playing out in many management meetings.

Despite these complexities, however, some government contractors are looking to other c...

March 26, 2020

If you recently won a contract, or if you are currently performing on a contract, it will be critically important that you communicate with your contracting officer and program personnel about your performance expectations during the current COVID-19 pandemic.  Your performance obligations and/or deliverables may or may not change. 

In other words, discuss with agency personnel how the current COVID-19 landscape impacts any of your obligations and/or deliverables (e.g., shelter-at-...

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About GovConJudicata

Welcome to GovConJudicata an informational blog/website focusing on government contracts issues, including bid protests (e.g., GAO, COFC), claims, disputes, SBA matters, compliance, regulatory, and cyber (e.g., DFARS, NIST SP 800-171, CMMC).

GovConJudicata is published by Joshua Duvall, managing partner at Matross Edwards, a law firm providing government contracts and cybersecurity legal services to small and mid-sized businesses.

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