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...

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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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