In a recent bid protest case, the Court of Federal Claims included two important conclusions: (1) in determining whether a deficiency or...

The U.S. Forest Service manages our national forests, which includes organizing and administering timber sales. These sales result in...

Agencies continue to make errors in the way they handle discussions with offerors in the competitive range. Recently, in Language Select...

The RAND Corporation, at the request of the Congress in the 2017 National Defense Authorization Act (“NDAA”) recently completed a study...

Offerors must take advantage of every opportunity they are given to maximize their chance for award in negotiated procurements. ...

A recent Government Accountability Office (“GAO”) bid protest decision held that the source selection authority did not meaningfully...

A recent Armed Services Board of Contract Appeals (“ASBCA”) case confirms the fact that a contractor may not assign claims to a surety...

In Fiscal Year 2017, the number of appeals docketed at the Armed Services Board of Contract Appeals (“ASBCA”) declined slightly, however,...

Past performance is a significant aspect of source selection in negotiated procurement. When faced with an adverse performance review...

The Armed Services Board of Contract Appeals (“ASBCA”) recently explained that a settlement of a termination for convenience must be...

This blog has frequently frowned on any government contractor taking oral advice from any government official, even a contracting officer....

The Small Business Administration (“SBA”) Office of Hearings and Appeals (“OHA”) recently considered whether a business was a...

A Defense Logistics Agency (“DLA”) contracting officer (“CO”) terminated a contract to provide jet fuel to Bagram airfield in...

The Government Accountability Office (“GAO”) recently confirmed that it has no bid protest jurisdiction over procurements made by the...

Do you think it is proper for an agency to eliminate a proposal from consideration under the following circumstances: Nothing in the...

As readers of this blog know well, the general rule in the submission of proposals in a negotiated procurement is found in Federal...

This blog has previously noted the importance of confirming that any proposal submitted by email has been received either through a...

The Contract Disputes Act of 1978 (“CDA”) contains a few simple requirements for claims over $100,000, including certification. Yet to...

The Government Accountability Office (“GAO”) adheres strictly to its own rules, even if they result in a dismissal of a protest where the...