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Oles Morrison

Thou Shalt Not Wait Until the Last Minute to Submit an 8(a) Joint Venture Agreement to SBA for Approval

By on November 4, 2015 | Posted in Bid Protests

A recent decision by GAO in FedServ-RBS JV, LLC, B-411790, provides yet another reminder to 8(a) joint ventures to submit proposed joint venture agreements to the U.S. Small Business Administration (“SBA”) for approval as early as possible.  This case shows that waiting until the last minute to submit your joint venture agreement to SBA […]

GAO: No OCI When Proprietary Information Obtained is of “No Relevance or Competitive Usefulness”

By on October 15, 2015 | Posted in Bid Protests

A recent Government Accountability Office (GAO) bid protest decision provides yet another example of the importance for contractors to identify potential organizational conflicts of interest (OCI) when submitting a proposal in response to a federal government solicitation. In DV United, LLC, B-411620, B-411620.2, Sept. 16, 2015, GAO denied a bid protest […]

Your GAO Protest Can Be Untimely Even if You Follow the Plain Language of GAO’s Protest Regulations

By on October 6, 2015 | Posted in Bid Protests

Have you ever had a contract dispute and looked back at the contract only to realize that you hadn’t contemplated that type of dispute occurring, and the contract is essentially silent on the issue?  It seems that this is the type of situation that GAO recently encountered with its bid protest regulations.  Unfortunately, this […]

How an Offeror’s Attempt to Avoid a Formal Bid Protest Can Backfire

By on October 1, 2015 | Posted in Bid Protests

In a recent bid protest decision, Coulson Aviation (USA), Inc., the Government Accountability Office (“GAO”) injected uncertainty regarding informal communications between a prospective offeror and the agency expressing concern about a solicitation provision. Unfortunately, this decision may punish contractors that seek to resolve concerns about a solicitation outside the protest […]

Alaska Native Corporation Loses Bid Protest of Award to AbilityOne Contractor

By on January 13, 2015 | Posted in Bid Protests

Last month, the U.S. Court of Federal Claims denied a post-award bid protest of a contract set aside by the National Geospatial-Intelligence Agency (NGA) for AbilityOne Program contractors.  The court found the government correctly considered the impact of the award on the incumbent contractor, an Alaska Native Corporation (ANC), and […]

GAO Issues Annual Report to Congress – Shows Sharp Drop in Bid Protest “Sustain Rate,” But “Effectiveness Rate” Remains Unchanged

By on November 19, 2014 | Posted in Bid Protests

Today, the U.S. Government Accountability Office (GAO) issued its annual report bid protest report to congress. The report shows a sharp decline in the rate of protests sustained by GAO. For several years the “sustain rate” at GAO had consistently hovered between 16% and 19%. Today’s report shows the “sustain […]

Pigs Do Fly: Bid Protest Challenging an Affirmative Determination of Responsibility is Sustained by GAO

By on October 30, 2014 | Posted in Bid Protests

In the world of GAO post-award bid protests, there are certain arguments that are particularly prevalent amongst sustained protests (such as the failure to follow the solicitation evaluation criteria, inadequate documentation of the source selection decision,  unequal treatment of offerors, and unreasonable price or cost evaluation), and there are other arguments that while less prevalent […]

Court of Federal Claims Sanctions EPA for Backdating Document During Bid Protest

By on October 7, 2014 | Posted in Bid Protests

In a rare move, the U.S. Court of Federal Claims (COFC) imposed sanctions on the United States Environmental Protection Agency (EPA) for its conduct during the bid protest of Coastal Environmental Group, Inc. v. United States.  While the EPA ultimately prevailed on the merits of the protest, the EPA’s conduct was so egregious […]

Common Bid Protest Mistakes: Extension of the Due Date for Comments Does Not Toll Timeliness Requirements for Asserting Supplemental Protest Grounds

By on September 24, 2014 | Posted in Bid Protests

This is the first in a series of posts highlighting common mistakes made (by protestors) in bid protests at GAO.  Today’s post discusses a mistake related to the deadline for filing supplemental protests when an extension is granted for filing comments on the agency report.  This mistake is made by […]

The Danger of Uniformed and Inaccurate CPARs

By on July 1, 2014 | Posted in Bid Protests

In a recent bid protest decision concerning the Department of Energy’s award of legacy management support services award contract, GAO held that the agency acted reasonably when evaluating protestor WSS’s past performance on the incumbent contract by disregarding two Contractor Performance Assessment Reports (“CPARs”), which reflected “exceptional” performance, in favor of […]