News & Analysis as of

Corrective Action Catch 22: Court of Federal Claims Holds Agency Action Must Be Rational Even If GAO Protest Decision Was Not.

The United States Court of Federal Claims’ July 15, 2014 decision in RUSH Construction, Inc. v. United States, reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest...more

Government Contracting: Beware Offerors - Past Performance By Your Proposed Subcontractors and Key Personnel May Not Count

A recent GAO decision, HK Consulting, Inc., B-408443 (Comp. Gen. Sept. 18, 2013), provides an important reminder that government agencies are not required to consider the past performance of an offeror’s proposed...more

Prior Noncompliance with E-Verify Does Not Render Federal Contractors Ineligible for Future Work

Participation in E-Verify is mandatory for certain businesses such as those having contracts with federal agencies. One of the requirements is that the “FAR clause,” which provides that a contractor not enrolled in E-Verify...more

DOD’s Secret Contract Awards During the Government Shutdown Undermine CICA

The U.S. Department of Defense (“DOD”) has announced that it will continue to award large contracts during the ongoing federal government shutdown, but that it will not “publicly announce” the contract awards until the...more

Is a Computer Model Capable of Making a Best Value Tradeoff?

Agency award decisions must follow the stated evaluation criteria, be properly documented, and have a rational basis. This is particularly true of best value acquisitions requiring a tradeoff determination between technical...more

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