Contractor Helped Agency Develop New System. Was the Contractor Barred by OCI’s From Implementing the New System?May 5, 2022
Agency Didn’t Document Decision to Cancel Solicitation. Why Wasn’t this a Problem for GAO?May 5, 2022
Contractor Submitted Two Claims Arising out of Same Contract. Both Claims Alleged Inaccurate Price Estimates. Why Did the Court Find that the Claims Were Distinct?May 4, 2022
Claim Preclusion in Claims Litigation: If You Have Multiple Claims Against the Government, You Best Submit them All at OnceMay 3, 2022
Agency Didn’t Understand the Concept of a “Competitive Range,” But Nonetheless Contended that It Somehow Created a De Facto Competitive Range of One. Did GAO Buy this Argument?April 29, 2022
So You Had Email Problems While Submitting Your Proposal. Tough. The “Late is Late” Rule is a Cruel, Indifferent Mistress.April 29, 2022
So You Want to Hire a Former Agency Employee and Propose them as a Key Person. How Can You Do this Without Getting an Unfair Competitive Advantage?April 28, 2022
The Agency Told the Protester that Its Salaries Were Too Low Even Though the Protester Had a High Overall Price. Did the Agency Conduct Misleading Discussions?April 27, 2022
Are News Articles Discussing a Contractor’s Shoddy Performance “Too Close at Hand” for an Agency to Ignore?April 22, 2022
Protester Had “Similar” Past Performance References that Met Solicitation Requirements. Why Wasn’t that Good Enough?April 22, 2022
Proposal Was Quarantined by Agency’s Servier. Why Wasn’t the Proposal Under Government Control?April 21, 2022
Solicitation Stated Agency Would Consider Price In Evaluating Technical Risk. Did This Obligate the Agency to Assess Price Realism?April 19, 2022
You May Be Capable But that Doesn’t Mean the Sole-Source Award to Your Competitor Was UnreasonableApril 19, 2022
GAO Finds Agency Botched Evaluation. Why Did the Agency Think It Could Assess the Most Important Evaluation Factor on a Pass/Fail Basis?April 18, 2022
Solicitation Limited Supply of Product to One Source. Why Couldn’t the Protester Provide Its Own Product?April 18, 2022
COFC Rejects GAO Precedent, Finds Agency Erred in Not Holding Discussions, and Rules Protester Was Prejudiced by Error. Why Does the Court Still Think Protester Only Won a “Pyrrhic” Victory?April 15, 2022
Take Heed of the Efficient Competition Provision. Your Proposal May Get Booted Without the Agency Ever Considering ItApril 14, 2022
The Agency Awarded a Contract to an Ineligible Offeror. Why Was the Protester Not Prejudiced by this Error?April 13, 2022