Competitive Prejudice
In order to win a bid protest, it isn’t enough for a protester to show that an agency has made an error (violation of law, regulation or...
In order to win a bid protest, it isn’t enough for a protester to show that an agency has made an error (violation of law, regulation or...
In North Star Magnus Pacific Joint Venture, SBA No. SIZ-5715, Feb. 17, 2016, the Small Business Administration (“SBA”) Office of Hearings...
A cure notice identifies a deficiency in a contractor's performance that the Government considers to endanger performance of the...
A recent Armed Services Board of Contract Appeals (“ASBCA”) case, Shavers-Whittle Const., LLC, ASBCA No. 60025, Feb. 9, 2016,...
The Civilian Board of Contract Appeals recently considered the appropriate measure for claims under the differing site conditions clause...
Sometimes, for the best of reasons, a contracting officer (“CO”) decides to charge ahead with a procurement when his or her own staff...
Discussions may become a very important part of a negotiated procurement. Discussions always occupy a compelling spot in the lore of...
For more than 50 years, the “Christian Doctrine” has been established law. The doctrine provides that if a mandatory contract clause is...
The Army sought “solid waste management services” (trash pickup) at or near Fort Polk, LA. Army properly recognized that these services...
The Government Accountability Office (“GAO”) recently found two agencies using a new, but unlawful approach to task and delivery orders,...
The Supreme Court rarely considers government contracting cases. Recently, in Campbell-Ewald Co. v. Gomez,136 S.Ct. 663(2016), the Court...
Agencies can frequently obtain competition by using “brand name or equal” purchase descriptions. Recently, the Department of Veterans...
Sometimes the Government Accountability Office (“GAO”) unleashes its criticism on a protester, particularly when their arguments are...
Do you believe your computer’s email program which says “delivery complete” a few seconds after you hit the “send” button? If you do,...
A recent case at the Government Accountability Office (“GAO”) clearly establishes that the technical data rights clauses in a...
Do you know what a government contract volunteer is? A volunteer is someone who embarks on duties of their own free will and without any...
Environmental Safety Consultants, Inc. (“ESCI”) had a contract with the Navy to perform services. ESCI submitted to the payment office a...
The timeliness rules for filing protests at the Government Accountability Office (“GAO”) (other than protests of a solicitation) requires...
This article is the second in a series about mistakes in missing deadlines. The first covered deadlines in protests, and this article...
During the Civil War, at the famous Andersonville Prison, on the inside of the stockade and twenty feet from it, there was a deadline...