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
Bid Protests
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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…
Post-Award Challenges to Flawed Best-Value Tradeoff Analyses
Under best-value evaluation schemes, government evaluators are typically required to qualitatively assess the offerors’ proposals based on the stated evaluation criteria in the solicitation to determine which proposal represents the best value to the government. If the evaluation scheme provides…
Protesting Insufficient Documentation of Evaluation Decisions
Government agencies must document their evaluations decisions in sufficient detail to provide a reasonable basis to support an award. When a protestor challenges the reasonableness of the government’s evaluation in the form of a bid protest, adjudicative forums such as…
Protesting Awards Based on Unstated Evaluation Criteria in Brand Name or Equal Procurements
When evaluating quotations or proposals, government agencies must rely solely on the evaluation criteria stated in the solicitation. That is, once the procuring agency informs prospective contractors of the criteria against which it will evaluate the proposals, the agency must…
Protesting Impaired Objectivity OCI Mitigation Approaches
A contract award may be successfully protested if a significant organizational conflict of interest (OCI) exists that cannot be avoided, neutralized, or otherwise mitigated. The Federal Acquisition Regulation (FAR) 9.5 categorizes OCI into three broad categories, (1) impaired objectivity, (2)…