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How Is A Competitive Range Determined and What Rules Apply To Competitive Range Determinations?

10 February, 2020
The competitive range, as defined by the Federal Acquisition Regulations (“FAR”) define a competitive range as a pool of most highly rated, evaluated eligible offers (to the exclusion of ineligible offers) whose proposals will be focused on for award and, where applicable, will remain eligible...

The Agency Claims It Never Received Our Proposal Or That The Proposal Receipt Was Untimely; Can A Protest Result In Our Proposal Being Reviewed?

10 February, 2020
Generally, the Government Accountability Office (“GAO”) and Court of Federal Claims (“CFC”) will dismiss and/or deny protests for even the most minute clerical or technical errors. Specifically, when a protester’s proposal is submitted after the due date for proposal submission, the GAO and CFC will...

How Can An Organizational Conflict of Interest Affect The Viability of A Protest Win?

10 February, 2020
An organizational conflict of interest (“OCI”) can be the result of a contractor’s unequal access to competitive information related to a procurement, a circumstance under which a protester drafts a proposal requirements and then bids on the same (i.e., “biased ground rules) or whether a...

Under What Circumstances May Our Firm Be Reimbursed for Bid Protests Attorneys’ Fees and CostsAt The GAO?

10 February, 2020
The Government Accountability Office (“GAO”) will, as likely as not, determine a protester’s protest to be won in whole or in part where the protester has clearly demonstrated that the unreasonable procurement actions of the agency reduced the significant likelihood that the protester’s company will...

What’s The Difference Between the Requirements Applicable Communications, Clarifications & Discussions?

10 February, 2020
Generally, during the market research phase prior to the publication of a solicitation on the Federal Business Opportunities website, good faith, open communications (to include Q&A) with the agency may help address anticipated pre- and post-award issues are more often than not without restriction. However,...

Can An Agency’s Solicitation Impose Terms Impacting Our Preference ofa “Contractor Teaming Arrangement” As A Proposal Solution to An Agency’s Requirements?

10 February, 2020
 A Contractor Teaming Arrangement (“CTA”) allows a primary prime contractor to be the awardee, but to also switch turns with fellow CTA prime contractors based upon specific technical requirements and corresponding expertise of fellow CTA prime contractors- each of the prime contractors may also have...

Can An Agency Be Allowed To Limit The Scope of Past Performance Reviews Related to A Minority Member Mentor of a Small Business Joint Venture?

10 February, 2020
Pursuant to 13 C.F.R. 125.8(e); the Small Business Administration (“SBA”) cleared confusion about whether an agency would be required to consider the past performance of the parent, mentor venturers in addition to the individual, respective venturers. Specifically, regarding SBA approved mentor-protégé joint stipulates that “[w]hen...

What If Our Company Disagrees With The Agency’s Procurement Actions?

10 February, 2020
An interested party (i.e., actual or prospective offeror) may submit a protest challenging the agency’s procurement actions that unreasonably impact its significant chances of likely winning an award. This underscores the importance of having a viable basis for protesting the award; not simply a protester’s...

How Are Sole-Source Awards Reviewed By The GAO and/or CFC?

10 February, 2020
Generally, an agency will issue a sole source contract where a protester has successfully presented a proposal as the only source available to fulfill urgent and compelling requirements of the agency or the agency’s market research (to include any sources sought responses) indicates that only...

What If A Procuring Agency Evaluates Our Proposal on the Basis of Requirements Not Stated In The RFP?

10 February, 2020
Generally, the Government Accountability Office (“GAO”) and the Court of Federal Claims (“CFC”) will review procurement actions for reasonableness, arbitrary and capricious actions or other violation of law and regulation. While agency RFP’s may never be perfectly written to expressly address all necessary requirements; an...
10 February, 2020

How Is A Competitive Range Determined and What Rules Apply To Competitive Range Determinations?

The competitive range, as defined by the Federal Acquisition Regulations (“FAR”) define a competitive range...

10 February, 2020

The Agency Claims It Never Received Our Proposal Or That The Proposal Receipt Was Untimely; Can A Protest Result In Our Proposal Being Reviewed?

Generally, the Government Accountability Office (“GAO”) and Court of Federal Claims (“CFC”) will dismiss and/or...

10 February, 2020

How Can An Organizational Conflict of Interest Affect The Viability of A Protest Win?

An organizational conflict of interest (“OCI”) can be the result of a contractor’s unequal access...

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