Archive | Bid Protests

Bid protestsgovernment contract bid-protests

Bid protests can be costly, but can also prevent your company from losing millions in government contracts.

Solicitation Canceled without good reason

Cancelling Solicitation Without Adequate Justification is an Abuse of Discretion

Can an Agency Extend an Incumbent’s Contract Without Justification? The GAO has ruled that cancelling solicitations and extending contracts with an incumbent, requires a good reason. In the Matter of:  Walker Development & Trading Group, Inc., File:  B-413924, dated January 12, 2017, the GAO sustained the protest of a VA decision to extend the award of an $10 […]

Continue Reading
Sam registration accuracy

Bid Protest Over Lack of SAM Registration Accuracy

Double Check Your SAM Registration Accuracy! We urge all our clients to be thoughtful about not only their corporate documents (such as articles, operating agreements and bylaws), but to double check the accuracy of their DUNS and SAM registration accuracy. Government contracting officers rely on the information in these systems when making their decisions. The […]

Continue Reading

Meaningful Discussions Not Allowed Unless They Are

What are Meaningful Discussions? When competing for government contracts small business clients are often confused about the difference between meaningful discussions and “clarifications.”  The Federal Acquisition Regulations (FAR) differentiate between clarifications and discussions. A clarification occurs after a bid is submitted when the government has a “limited exchange” with an offeror. A clarification does not revise […]

Continue Reading
determination of non-responsibility

Latvian Wins Bid Protest Against FedBid for Determination of Non-Responsibility

Fed-Bids Determination of Non-Responsibility Kevin Barnes, the service connected veteran owner of Latvian Connections, filed a pro se pre-award bid protest with the GAO against FedBid, Inc.  FedBid, was acting as an agent for the Department of the Interior, U.S. Geological Survey, in a reverse auction platform and had suspended Latvian, because Latvian had  in […]

Continue Reading
federal bid protest

Fresh Fruits and Vegetables and a Federal Bid Protest

How did fresh fruits and vegetables become the ingredients of a federal bid protest? Raymond Express International, LLC, V. The United States Pre-award federal bid protest Plaintiff Raymond Express Int’l, LLC (REI) filed a pre-award federal bid protest on December 8, 2014 and asked the court to enter the following four questions regarding solicitation, which […]

Continue Reading
flagrant disregard

Civilian Board of Contract Appeals Reversed–No Flagrant Disregard for Contract Terms

What Constitutes A Flagrant Disregard For Contract Terms? Businesses that are government contractors are familiar with the government’s enormous amount of discretion.  They are also familiar with the burden involved with convincing a court that the government’s use of its discretion was wrong; but it happens – with good facts. In EM Logging v. Dep’t […]

Continue Reading
SBA bid protest

SBA Bid Protest: Two Classes of Stock and SDVOSB Eligibility

The SBA Bid Protest- No Good Deed Goes Unpunished The SBA bid protest in question arose out of a Department of State request for proposals for an aviation program support service.  The contract was a SDVOSB set aside and Precise Systems Inc. was the apparent winner.  Four companies All Points Logistics, LLC; AMPS, LLC; B3 […]

Continue Reading
GAO bid protests rigid rules

Bid Protests and Rigid Rules

Your Brilliant Grounds for Bid Protests Won’t Matter if You Don’t Follow Strict Procedural Rules When filing GAO bid protests, Strict Compliance with its Regulations is Required. The importance of knowing and understanding the GAO’s rules for bid protests cannot be understated.  The GAO strictly adheres to its regulations – including sending protest filings to the […]

Continue Reading

Whitcomb, Selinsky, McAuliffe, PC has been verified by the VA's Center for Verification and Eligibility (CVE) as Service Disabled Veteran Owned Small Business (SDVOSB)