Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks
CIO-SP4 Is Ready To Launch: Is Your Business Equipped to Compete?
Common Issues in Government Procurement and Contracting with John Edwards and William Stowe
Shoot for the STARS: Q&A with SBA’s John Klein on GSA's 8(a) STARS III RFP
PODCAST: Recruiting and Retention: Can Your 401K Make a Difference?
Minding Your RFPs and RFQs: Developing your Practice in the Age of Match.Com
Most of the time the low bidder will win a government contract. But not always. Sometimes a federal agency will make an award on a best-value trade-off basis. This process can be used “when it may be in the best interest of...more
As most government contractors have experienced firsthand, procuring agencies routinely engage in a wide variety of communications after bids have been submitted. On occasion, these exchanges are quite minor and afford an...more
Sometimes a comparison of cases best illustrates the law. This month we analyze a double pair of recent GAO decisions. First, in CharDonnay and Triple Canopy, we compare decisions dissecting the merits of best-value...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
If a company has one or more Organizational Conflicts of Interest (“OCIs”), its ability to compete for (or perform) a government contract in a fair and equitable manner is inherently called into question. In the context of a...more
You have undoubtedly heard the stories, a contractor with a flawless record going back years gets one bad past performance record, maybe due to themselves or a subcontractor, and now they are blackballed. While many in the...more
Assuming you have filed a timely bid protest that meets the various procedural requirements at one of the three bid protest forums – the procuring agency, the U.S. Government Accountability Office (GAO), and the U.S. Court of...more
A government agency’s evaluation of an offeror’s past performance can often be the difference between winning or losing a government contract. And, for better or worse, agencies are given broad discretion in how they evaluate...more
Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available...more
In the latest installment of our bid protest spotlight (featured on Law360), we analyze three Government Accountability Office (GAO) decisions that provide important reminders for companies considering whether to protest a...more
Amid current low oil prices, there may be one bright spot for U.S. producers. On Friday, March 13, President Trump announced he has directed the U.S. Department of Energy (the “DOE”) to begin purchasing oil for the Strategic...more
This installment of our Law360 bid protest spotlight examines two protest decisions released in December, provides a year-end review of key bid protest decisions from 2019, and discusses a few takeaways from the U.S....more
In this blog post, we present Nos. VI - X of the Ten Commandments for Debriefings. These were developed over the years as best practices for government contractors with input from the entire spectrum of interested parties –...more
As we previously discussed both on this blog and elsewhere, observational and indirect evidence told us that the use of Indefinite Delivery/Indefinite Quantity (“IDIQ”) contracts was expanding. As it turns out, from...more
La Oficina de Fiscalización del Gobierno (Government Accountability Office, GAO) emitió una decisión que podría ser utilizada por las agencias gubernamentales para apoyar las Solicitudes de propuestas (Request for Proposal,...more
The Government Accountability Office (“GAO”) issued a decision that could be used by government agencies to support “all encompassing” RFPs, or RFPs that require one bidder to provide several products and services even if, in...more
In Coulson Aviation (USA), Inc. (B-411525, B-411525.2, 2015 CPD ¶ 272), the Government Accountability Office (GAO) recently denied a contractor’s protest over the terms of a request for proposals (RFP) issued by the...more
For any government contractor that has had a differing site condition claim denied despite relying on a government geotechnical report about the subsurface conditions of the project site, the U.S. Court of Appeals for the...more