On October 17, 2014, the U.S. Defense Logistics Agency (DLA) issued a solicitation for the construction and operation of large-scale solar and wind projects at the Fort Hood military base. Fort Hood is the largest active military duty post in the U.S., located approximately 60 miles north of... … [Read more...]
You Have the Right to Defend Your Contract Win
By: Matthew R. Keller, Esq. Most government contractors know that they may protest the loss of an award (in most circumstances) at the Government Accountability Office (GAO). But, many awardees do not know that they have a similar right to fight off a GAO protest – … [Read more...]
Can You File a Protest and Maintain a Good Relationship with Your Government Customer?
Bid Protests: Can You File a Protest and Maintain a Good Relationship with Your Government Customer? by Rocky Galloway Bid protests provide a remedy under federal government contracting procedures for aggrieved contractors to challenge the award or prospective award of a contract for goods and … [Read more...]
When Does a GAO’s Communication with One Offeror Rise to the Level of “Unequal Discussion”?
Created June 2014: Marathon Medical Corporation Sometimes the GAO will sustain a protest where it is found that the agency improperly held discussions with one offeror and not the other. Federal Acquisition Regulation (FAR) §15.306 describes a range of exchanges that may take place between an agency … [Read more...]
It Is All in the Details: Offeror’s Proposal Must Exactly Follow the Requirements in the RFP
Created July 2014 In the matter of Veteran Technologists Corporation, Vet Tech argued that it was improperly excluded from consideration under the Department of Veteran Affairs request for proposals (RFP) for general management and business support services. Vet Tech was excluded from consideration … [Read more...]
In Matter of AeroSage LLC, AeroSage, LLC “AeroSage” protested the Department of Justice’s Bureau of Prisons
Posted August 2014 In Matter of AeroSage LLC, AeroSage, LLC “AeroSage” protested the Department of Justice’s Bureau of Prisons (“DOJ”) award to another bidder, under a request for quotations (RFQ) for next day delivery of 6,000 gallons of unleaded fuel for the Federal Prison in Florida. Protester … [Read more...]
Bid Protests: When Where and Can You Win
What is a bid protest? Watch thPower Point video … [Read more...]
C&M Lawyers Conduct Live Webinar on TAA Risks on Wednesday, September 10
On Wednesday, September 9th at 12 PM Eastern, join our government contracts attorneys for a webinar entitled: “Mitigating Trade Agreements Act Risks for GSA Schedule Holders.” During this 60-minute webinar, we will provide an overview of the GSA Schedule contract requirements related to the Trade... … [Read more...]
Not Our Problem: ASBCA Has No Say in Prime-Sub Sponsorship Dispute
In Appeal of Binghamton Simulator Co. (ASBCA, Aug. 21), the board held that it had no jurisdiction to hear a subcontractor’s appeal in which the prime contractor declined to sponsor the sub’s appeal. Despite the subcontractor’s argument that the terms of its subcontract required the prime... … [Read more...]
Primer on the New “Fair Pay and Safe Workplaces” Executive Order
On September 3rd, I had the pleasure of presenting on the “Fair Play and Safe Work Places” Executive Order (previously discussed here and here) at the Professional Services Council’s Labor Policy Committee Meeting. This EO, along with several other EOs focused on labor law compliance, is … [Read more...]
DoD and NASA Propose New Rule for Uniform Line Item Identification Structure in Gov’t Contracts – Comment Period Ends October 6th
DoD, NASA, and the GSA have proposed a new rule that would change the federal acquisition regulation to establish a uniform line item structure for the Federal procurement system. The rationale for the change is that a uniform line item identification structure would improve the accuracy,... … [Read more...]
“Fair Pay and Safe Workplaces Executive Order” Increases Focus on Contractor Compliance With Labor Laws
On July 31, 2014, the Obama Administration issued a new Executive Order targeting contractor compliance with Federal labor laws. While the order, dubbed the “Fair Pay and Safe Workplaces Executive Order,” aims to create several new obligations for contractors and subcontractors doing business … [Read more...]