Bidding for Major Contracts? Compliance Requirements You Should Prepare for Now
Bid Protest: LPTAs - Are They Still Okay? - Webinar
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[WEBINAR] Developing FEMA Compliant Procurement Procedures
Award Protests: Choosing the Forum
Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more
You’re a federal government contractor who just won a contract award. But, before you pop the champagne, there’s a hiccup: a competitor filed a bid protest challenging your award. “Oh, well,” you think, “the government can...more
In the fight for public contracts, many bidders who feel they have been mistreated or were affected by erroneous reviews and evaluations of their bids or another bid often hesitate to file a challenge. They may feel that they...more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more
In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. There were also two requests for costs, one of which...more
On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation...more
As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government...more
The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC, B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose...more
Every federal contractor knows how difficult it is to win a government contract. Indeed, contractors often start pursuing larger contracts or vehicles well over a year before the solicitation is even published. And, while...more
Bid protest determinations serve to resolve challenges to procurement decisions by government agencies. Beyond that purpose, these rulings can also offer valuable insights as to what factors determine whether or not a...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
As a general matter, an agency should reject a bid out of hand if it is deemed defective due to problems with bidder responsiveness. However, flawed bids determined on account of issues with bidder responsibility can be...more
A well-shaped bidding strategy is key to winning federal contracts, and securing a major contract creates an ongoing growth opportunity for your business. But to get in the game and win, you must know the rules. There are...more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York”). For the next state in this ongoing series, we focus on the bid protest...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
New York state’s budget is the second largest in the country, and with it, New York has some of the most developed state acquisition laws and procedures in the country. Accordingly, New York provides comparatively robust bid...more
Pre-award protests can be tricky. The U.S. Government Accountability Office (“GAO”) has jurisdiction to hear timely bid protests by interested parties regarding violations of procurement law or regulation. Under GAO rules, a...more
If the first rule of proposal writing is “give the agency the information it asks for,” the most important corollary is “make the proposal easy to understand.” In other words, clarity and consistency is key; avoid anything in...more
...As most contractors know, a good protest requires a lot of thought and commitment to convince an agency or tribunal of why corrective action should be taken. The last thing a protester wants is to learn – too late – that...more
While some rules may seem basic enough to overlook, the Government Accountability Office (GAO) decision sustaining the protest in Avionic Instruments LLC (Avionic), B-418604, B-418604.2 (June 30, 2020) reminds us of a...more
Government contractors should consider all contract performance vitally important because they can’t always control which past performance is considered by agency evaluators. ...more
Government agencies have been attempting to move forward with normal operations despite the shift in focus caused by COVID-19. In addition to emergency contracting measures that governments are utilizing for COVID-19-related...more
Contractors whose protests result in the challenged agency’s taking corrective action may attempt to recover their protest costs, particularly when they feel that the corrective action was unduly delayed....more
When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency...more