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...

July 6, 2020

In a relatively rare occurrence, the Government is appealing a U.S. Court of Federal Claims' ("COFC") bid protest decision in NIKA Techs., Inc. v. United States, No. 20-299C (Fed. Cl. Apr. 16, 2020) to the U.S. Court of Appeals for the Federal Circuit (Fed. Cir. Case No. 20-1924).

In its appeal, the Government will be seeking clarity on an all too important issue facing defense contractors and procuring officials in negotiated procurements: where an unsuccessful offeror does n...

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 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 4, 2020

Federal government contracting is a challenging marketplace.  From business development to capture, the process is laborious, costly, and oftentimes complex.  When a contractor decides to bid on a government contract opportunity, the path narrows, as contractors not only must submit a superior proposal (technical, past performance, and cost) but also must ensure that it complies with all of the stated solicitation requirements along the way.  

But what happens when a...

January 14, 2020

Government contractors know all too well how challenging it is to succeed in the Federal marketplace. From business development to capture, the process is often complicated and costly. One aspect that can be particularly challenging is staffing.  In today's highly competitive playing field, an agency's decision to award a contract may sometimes rest on an offeror's staffing plan.  

In other words, the agency's buying decision is often tied to whether source selection personnel beli...

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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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