Bid protest adjudicative forums such as the Government Accountability Office (GAO) have consistently held that a proposal that fails to meet a material solicitation requirement is considered technically unacceptable and cannot form the basis of an award. When included in
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Protesting Proposal Rejections for Failure to Attach Representations & Certifications
Solicitations for federal contracts and their included Federal Acquisition Regulation (FAR) clauses often direct contractors to complete representations and certifications relevant to the acquisition. Depending on the solicitation, contractors may have to complete and maintain certain representations and certifications in…
Preventing Protest Timeliness Issues in Federal Supply Schedule Procurements
The Government Accountability Office (GAO) has strict timeliness rules for submission of bid protests. Under these timeliness rules, post-award protests must typically be filed no later than 10 days after the basis of the protest is known or should have…
Protesting Lack of Meaningful Discussions
When conducting procurements along the best-value continuum, federal agencies may engage in discussions with offerors, leading them into areas of their proposals that require modification, amplification, or explanation. The Federal Acquisition Regulation (FAR) requires that such discussions be meaningful. Specifically,…
Protesting Adjectival Ratings Derived from a Mechanical Counting of Proposal Strengths and Weaknesses
When evaluating proposals received in response to competitive procurements, the government may utilize a variety of techniques to ensure it obtains best value depending on the specific circumstances of the acquisition. In such procurements involving any one or a combination…
Protesting Adjectival Ratings Derived from a Mechanical Counting of Proposal Strengths and Weaknesses
When evaluating proposals received in response to competitive procurements, the government may utilize a variety of techniques to ensure it obtains best value depending on the specific circumstances of the acquisition. In such procurements involving any one or a combination…
Challenging Competition Restrictions on Classified Procurements
Protests alleging the government’s violation of the Competition in Contracting Act’s (CICA) full and open competition mandate may be styled in various forms, with allegations of improper competition restrictions varying depending on the specific circumstances of the procurement. Despite this,…
Challenging Competition Restrictions on Classified Procurements
Protests alleging the government’s violation of the Competition in Contracting Act’s (CICA) full and open competition mandate may be styled in various forms, with allegations of improper competition restrictions varying depending on the specific circumstances of the procurement. Despite this,…
Protesting Set-Aside Determinations Based on Insufficient Market Research
The federal government must base its acquisition decisions on sufficiently supported facts and data. While acquisition decisions such as set-aside determinations are squarely within the government’s discretion as a matter of business judgment, the underlying data and analysis supporting such…
Protesting Set-Aside Determinations Based on Insufficient Market Research
The federal government must base its acquisition decisions on sufficiently supported facts and data. While acquisition decisions such as set-aside determinations are squarely within the government’s discretion as a matter of business judgment, the underlying data and analysis supporting such…