November 25, 2017

Recent GAO protest reiterates the rule that a proposal is timely when the agency receives it at the designated place before the deadline. Notably, a delivery confirmation from the contractor's email system does not constitute receipt of an emailed proposal.

Briefly, the protester emailed its proposal to the designated inbox before the deadline and received an Outlook delivery confirmation. When the agency didn't acknowledge receipt, the protester called to verify. The agency didn't receive the pr...

November 15, 2017

On November 13, the Government Accountability Office (GAO) published its Bid Protest Annual Report to Congress for Fiscal Year 2017. The report is required under CICA, wherein GAO must provide Congress a summary of every instance where an agency did not fully implement a recommendation by GAO in connection with a protest and a "summary of the most prevalent grounds for sustaining protests.” 31 USC § 3554(e)(2). Notably, GAO also includes statistics relating to bid protests.

The report is instruct...

November 4, 2017

Recent Armed Services Board of Contract Appeals (ASBCA) decision reiterates the signature requirement for certified claims––a typewritten signature in the signature block of the claim is insufficient.  The ASBCA reasoned:

"Here we have no signature, no discrete, verifiable symbol that can be authenticated, only a typewritten signature block, similar to the circumstances in the Tokyo Company appeal. See also Emerald Town Construction Group, ASBCA No. 60841, 2017 ASBCA Lexis 129; ABS Development Co...

October 31, 2017

Massive data breaches are frequently making headlines. It’s a chilling reality: Hackers are stealing personally identifiable information (“PII”) from corporate networks and selling it on the dark web.[1] Hackers may also decide to encrypt corporate files until the company pays a ransom (usually in cryptocurrency).[2] This is as true for the Fortune 500 as it is for smaller businesses.[3] Just recently, around 143 million Americans were affected by the Equifax data breach, which caused many to fr...

October 25, 2017

Contractors are all too familiar with teaming agreements, joint ventures, and prime/subcontractor arrangements. In the highly competitive government contracts market for information technology (“IT”) services, such agreements can offer significant leverage. Contractors are winning more contracts by offering the government superior capabilities––and value––through strategic partnerships which unite their unique strengths. Nevertheless, these partnerships create increased contractual obligations s...

June 23, 2017

In today’s marketplace, government contractors must build a track record of strong past performance––it is a critical metric necessary to secure future awards. With each new contract, you have the opportunity to showcase your workforce and technical proficiency. Importantly, contractors who successfully perform the work and impress agency officials will likely receive a glowing past performance report. And now more than ever, contractors need to maintain a positive working relationship with agen...

March 8, 2017

Losing a federal procurement opportunity can be a difficult time for government contractors. Nonetheless, if the procurement effort is conducted under FAR Part 15 or for qualifying task and delivery orders, the agency is required to provide contractors with a debriefing. [1] Debriefings provide unsuccessful offerors and awardees with specific minimal information pertaining to the procurement that is not otherwise prohibited. [2] At a basic level, debriefings may assist contractors in understandi...

August 20, 2016

With shrinking budgets and fewer government contracts being awarded, capture and proposal teams carry a heavy burden in such a competitive market. The success or failure of government contractors–winning or losing contracts–can sometimes rest upon answers to hypotheticals.  One thorny task commonly set forth in some RFPs is a call to present a solution to a hypothetical scenario.  While your answer to a hypothetical may seem straightforward, proposal teams should be aware that everything you wri...

May 10, 2016

Last December, the U.S. Government Accountability Office ("GAO") submitted its Bid Protest Annual Report to Congress for Fiscal Year 2015.  In that report, and in its annual reports since 2013, GAO summarized the most prevalent grounds for sustaining bid protests. [1]  It is important for government contractors to understand how to use this information.  In doing so, contractors will be in a better position to obtain agency corrective action or to have their bid protest sustained by GAO. [2]...

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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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