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...

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...

January 6, 2020

Does an agency email gateway strike again or is contractor-side transmission delay to blame? Either way, recent GAO bid protest decision highlights the need for government contractors to plan for transmission delays when submitting proposals via email.

As the protest of Spanish Solutions Language Services, LLC, B-418191, January 2, 2020, 2020 CPD ¶ ___reiterates, a proposal is timely when it is received, not when it is sent (unless the late proposal exception applies).

Brief Timeline:

  • 10:54 am...

November 20, 2019

Government contracting is a challenging yet lucrative business model.  First, contractors often face stiff competition in this $550 billion marketplace.  And second, it also requires contractors to be familiar with an extensive––and complex––legal and regulatory framework under which Federal agencies procure goods and services.  

Among the vast web of rules and regulations is that a contractor must generally adhere to a solicitation's requirements in order to be eligible...

November 7, 2019

On November 5, 2019, the U.S. Government Accountability Office ("GAO") submitted its Bid Protest Annual Report to Congress for Fiscal Year 2019.  The Report, which is mandated by the Competition in Contracting Act of 1984 ("CICA"), 31 U.S.C. § 3554(e)(2), requires GAO to provide Congress with: (1) "each instance in which a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest decided the prior fiscal year," (2) "each instance in which a...

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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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