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Protest lessons learned: When to challenge corrective action

For Government contractors, it can be a frustrating experience to have your hard-earned contract award sidetracked by a protest – particularly if that protest includes a mandatory performance stay....

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GAO report is a good reminder to bidders: Agencies don’t always follow the...

The United States government has awarded more than $280 billion in contracts so far this fiscal year — FY2015 ends September 30.  Last year, that number was just over $445 billion on September 30....

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Trend? GAO increasingly finding in favor of protesters

Through the first 5 months of FY 2016, GAO is sustaining protests at a 22% clip — a far higher rate than in recent years. GAO’s sustain rate considers only those protests that go to a decision on the...

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Bid protest corrective action: You can’t always get what you want

Every government contractor that files a bid protest has the same goal in mind – corrective action.  The agency made a procurement error and changes need to be made. But just because the agency takes...

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August 2017 protests underscore impact of government’s discretion

There is no question that procurement regulations give agencies significant discretion at every step of the procurement process, and protesters often have a hard row to hoe to overcome the agency’s...

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Bid protests decline in 2017

The number of bid protests filed by contractors declined in fiscal 2017 after increasing each year since fiscal 2013. Contractors filed 2,596 bid protests in fiscal 2017, down 7 percent from a record...

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Five factors for proposal evaluation: Creating bids that will survive a protest

Submitting the winning bid is an exhilarating feeling, dimmed only by the following days, as the offeror waits to hear if others may file a protest. Once a protest is filed, offerors options are...

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Contractors face changes to bid protest strategies

The National Defense Authorization Act (NDAA) for fiscal year 2018 includes some significant changes affecting contractors, particularly with regard to challenges to requests for proposals and contract...

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GAO bid protests must be submitted online starting in May

Vendors that don’t like the results of a contract award will have to go online to take up their beef up with the Government Accountability Office (GAO) starting next month. GAO on Thursday announced...

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Pentagon seeks to limit bid protests in federal court

The Defense Department is proposing legislation to impose new constraints on government contractors’ ability to protest federal agencies’ award decisions, including by rolling back their rights to file...

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New rules for filing protests at GAO and new DFARS debriefing requirements

The Government Accountability Office {GAO) finally has unveiled its long-awaited Electronic Protest Docketing System (EPDS). Effective May 1, 2018, all new protests (excluding those containing...

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Vendors challenged more federal contracts in 2018

The number of bid protests filed against the federal government increased less than 1 percent last year, but contractors continue to get some sort of recompense from the agencies they’re challenging,...

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The topsy-turvy world of state and local bid protests

Many contractors are familiar with the well-established processes of federal bid protests.  Less known is the dizzying variety of procedures applicable to state and local bid protests.  Each...

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