Government Contracts Legal Forum

NOVEMBER 21, 2023

The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month.

Sustainability 52

Sustainability Bidding Bidder Evaluation 52

Federal News Network

JUNE 26, 2024

The protester, Percipient, had not bid. But Percipient did file in the Court of Federal Claims on the basis that the government is obligated to use commercially available products. ’ In the dissent’s words, a very important government contracts case. Tom Temin: Right. So what did that court decide?

Bidding 96

Bidding Contract Bidder Government 96

Government Contracts

JULY 29, 2024

Government Accountability Office has rejected a contractor's claims that the U.S. Department of the Interior misattributed the contractor's bid for a $6.9 million janitorial contract to an ineligible affiliate, saying the submission identified the contractor as the bidder only once.

Bidder 52

Bidder Bidding Accountability Contract 52

GovLoop

JANUARY 12, 2024

Unfortunately, the nature of the low-bid methodology in government contracting invites the possibility of cost overruns. It puts out a call for proposals, and contractors submit their bids for what it would cost them to do the work. The government, wanting to spend wisely, is often going to choose the lowest bidder.

Bidder 52

Bidder Bidding Price Government Contracts 52

LexBlog: Contracts & Procurement

JANUARY 3, 2024

The general rule ( FAR 14.404-1(a) ) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with the lowest responsive bid. This defense is only available where the agency can show that the bids received were unreasonably high.

Bidder 52

Bidder Bidding Negotiation Procurement 52

LexBlog: Contracts & Procurement

MARCH 8, 2022

Bidding on government contracts is a stressful, high-stakes process. Electronic bid submissions have the added complication of using technology that is not always reliable. However, disappointed bidders have multiple options for bringing bid protests, and that includes the Court of Federal Claims (COFC).

Bidding 40

Bidding Bidder Electronics Government 40

The Procurement ClassRoom

APRIL 24, 2016

During the bidding process, it is customary to require interested bidders to provide a bid security or bid securing declaration along with their bid. What is a bid security? A bid security may be a fixed monetary sum or a percentage of the bid price, usually less than 5%.

Bidding 40

Bidding Bidder Price Procurement 40

Government Contracts

JANUARY 3, 2024

Government Accountability Office has cleared the U.S. Navy to sole-source an office contract to one company, rejecting a prospective bidder's claims that it should have a chance to bid on the deal.

Bidder 52

Bidder Bidding Accountability Contract 52

SmallGovCon

MAY 29, 2024

2024) , REV, LLC (REV) was a bidder on the VA’s Transformation Twenty-One Total Technology-Next Generation (T4NG) program. The bid process consisted of two steps before a competitive range of potential awardees was chosen. Looking for the latest government contracting legal news? We explore that here. In REV, LLC v.

Bidder 85

Bidder Government Contracts Bidding Evaluation 85

Government Contracts

NOVEMBER 21, 2023

Government Accountability Office upheld a $13.2 million contract seeking financial support services for the Uniformed Services University, ruling that the U.S. General Services Administration appropriately deemed a bidder's vague subcontracting arrangement a risk.

Bidder 40

Bidder Bidding IT Accountability 40

Tracker Intelligence

FEBRUARY 8, 2024

Winning management consultancy contracts via competitive tender can be lucrative yet challenging. This article provides a comprehensive guide for consultancies on improving their chances of success when bidding for management consulting tenders, whether from government entities, NGOs, or private sector companies.

Tender 52

Tender Consulting Management Bidding 52

Tracker Intelligence

AUGUST 16, 2024

Due to frequent updates, alerts on bids, and comprehensive information about projects, these platforms help identify new opportunities quickly. The UK’s premier tendering portals are vital aids for companies wanting to participate in the competitive bid forums. Tailor each bid to a specific tender Do not send general submissions.

Tender 52

Tender Bidding Competitive Bidding Buyers 52

Federal News Network

MAY 29, 2024

But that’s a lousy way to fix what’s a universal problem across all government contracting. In one place, the RFP makes it clear that the solicitor, the bidder, should have a labor harmony agreement in place before the contract starts. It’s not the government. Tom Temin Yeah.

Bidder 103

Bidder Professional Services Negotiation Bidding 103

Government Contracts

JANUARY 5, 2024

Army reasonably found risky a bidder's cheaper proposal for a research support deal, justifying its decision to go with a company that had submitted a $153 million bid, the U.S. Government Accountability Office said in a decision released Friday.

Bidder 40

Bidder Bidding Accountability Government 40

Government Contracts

NOVEMBER 15, 2023

Government Accountability Office has turned away a naval contractor's protest to the bidding terms for a task order seeking Guantanamo Bay construction workers, saying the terms didn't place the bidder at a competitive disadvantage.

Bidder 40

Bidder Bidding Accountability Government 40

Government Contracts

OCTOBER 6, 2023

Government Accountability Office backed the U.S. Army's decision to invalidate a bid for a $106 million support deal over missing responses to the contract's 180 subtasks, finding the Army put bidders on notice that they needed responses for each.

Bidder 40

Bidder Bidding Accountability Contract 40

SmallGovCon

APRIL 19, 2024

Bid Solve, Inc. At first, the matter was simple enough: CWS Marketing Group’s (CWS) size was protested, it submitted its tax returns, and SBA sided with CWS over the protester, Bid Solve, Inc. Bid Solve) after reviewing those returns. (Bid Bid Solve) after reviewing those returns. Let’s take a deeper dive. 3d 53 (D.D.C.

Bidding 80

Bidding Bidder Government Contracts Finance 80

Open Contracting Partnership

SEPTEMBER 3, 2024

Her passion for helping others understand government contracting led her to join forces with data scientist Marcelo Blanco and establish B2Gov. So our starting point was providing efficiency to the bidding departments of companies or the people tasked with identifying and preparing tenders.” Was it 120, 150 or 200?

Data 55

Data Public Procurement Tender Price 55

GovSpend

APRIL 5, 2023

These solicitations can take the form of requests for proposals (RFPs), requests for quotes (RFQs), or invitations to bid (ITBs). Submission of bids: Businesses can submit bids in response to solicitations, outlining their proposed solutions and pricing.

Government 52

Government Government E-procurement Bidding 52

GovSpend

APRIL 5, 2023

These solicitations can take the form of requests for proposals (RFPs), requests for quotes (RFQs), or invitations to bid (ITBs). Submission of bids: Businesses can submit bids in response to solicitations, outlining their proposed solutions and pricing.

Government 52

Government Government E-procurement Bidding 52

Open Contracting Partnership

JULY 31, 2023

Their process wasn’t friendly to new vendors, leading to low levels of competition and bidder diversity, and they didn’t have good data to inform further improvements. Current, closed, and awarded bids can now be found online, increasing transparency throughout the process.

Procurement 52

Procurement Sustainability IT Bidding 52

Government Contracts Legal Forum

JUNE 12, 2024

CACI) two years earlier, for which Percipient did not (and could not) bid. United States , the Federal Circuit considered Percipient.ai Percipient’s protest was unusual—filed in 2023, it related to a task order NGA awarded to CACI, Inc. But Percipient’s protest did not challenge the award to CACI. View the full article

Bidder 52

Bidder Procurement Contract Administration Contract 52

Government Contracts & Investigations

SEPTEMBER 28, 2023

If the answer is “yes”—or even “maybe”—healthcare companies may file a bid protest at the Government Accountability Office (“GAO”) or the U.S. So which arguments do win bid protests of healthcare-related contract awards? Court of Federal Claims (“COFC”) challenging the award. In Ohio KePRO, Inc. , 2021 CPD ¶ 325 (Nov.

Government 52

Government Government Contract Bidding 52

Tendersinfo

APRIL 8, 2021

Most Economically Advantageous Tender (MEAT) is the measure for selecting the best out of the incoming bids based on factors that are related to the subject matter of the contract. It takes into account components like Cost, Quality, and Technicality of various bid proposals while deciding a contract award.

Procurement Team 52

Procurement Team Evaluation Tender Procurement 52

Government Contracts & Investigations

FEBRUARY 29, 2024

Now, we want to share some insights we gained while conducting the same analysis of bid protest decisions at the Court of Federal Claims (“COFC” or the “Court”). Pre-Award Protests Unreasonable Bidder Qualification Requirements In two protests, the Court found the agencies imposed unreasonable qualifications on bidders.

Price 52

Price E-procurement Bidder Evaluation 52

SmallGovCon

MAY 8, 2024

” A contracting officer has “nearly unlimited discretion to exclude bidders for appearance of impropriety” and the decision must be based on “reasonable factual predicates” and not be irrational. Looking for the latest government contracting legal news? Give us a call at 785-200-8919.

Contract 97

Contract Procurement Bidder Government Contracts 97

Open Contracting Partnership

DECEMBER 22, 2023

They leveraged Paraguay’s high quality, publicly accessible open contracting data to measure the existing participation of these smaller businesses and to understand their challenges in working with government buyers. A key insight was that entrepreneurs didn’t know much about government contracting.

Procurement 58

Procurement Tender Public Procurement Bidder 58

Procurement Notes

JUNE 15, 2021

Jay Blindauer A contractor will often incur a significant cost (in time and money) to prepare and submit a proposal for a possible Government contract. 17] Despite that the term is not statutorily defined, it means just as it reads—a competition in which the competitors are required to submit proposals, not a sealed bidding. [18]

Bidding 40

Bidding E-procurement Procurement Negotiation 40

Public Contracting Institute

MAY 22, 2024

A recent case at the Federal Circuit discussed the statutory and regulatory requirements for bundling, in the context of a bid protest that the Navy had improperly bundled. BH Aircraft Co, Inc. BH aircraft filed a bid protest challenging the inclusion of F414 afterburner liner replacement services within a larger Navy contract.

Bidding 52

Bidding Government Contracts Bidder Procurement 52

Federal News Network

FEBRUARY 6, 2024

So if you increase the application of the rule of two, which at its core says if the contracting officer believes that there will be two qualified small business bidders of roughly equal characteristics, right, that you can basically freeze the contract at that point as a solicitation at that point and just pick between those two.

Professional Services 86

Professional Services Bidding Contract Balance 86

Naomi Clews Consultancy

JULY 20, 2023

They argue that in doing so, more smaller firms would stay involved in public procurement processes , while reducing UK Government department reliance on a few large suppliers. The expected level of single bidders within UK government’s major markets was not assessed.

Framework Agreement 52

Framework Agreement Public Procurement Supplier Bidding 52

Federal News Network

APRIL 30, 2024

But for government contractors, this has some very unique and I think, deleterious consequences. And so the company needs a way of keeping those key personnel relevant for their bid during the process that the government is going through. And the government itself will suffer from this.

Bidding 119

Bidding Professional Services Sustainability Capacity 119

Procurement Notes

OCTOBER 10, 2022

Jay Blindauer A contractor takes on a Government contract to make money, and inflation is getting in the way. With inflation eroding value for this long, a Government contractor may need to obtain contract relief. and extending the delivery schedule was a major change to the contract. 61] Furthermore, the U.S.

Government 40

Government Government Price Contract 40

Bonfire

FEBRUARY 24, 2022

Many contractors are trying to determine what they need to know in order to bid and win government contracts tied to the new Infrastructure Bill as funding flows into cities and communities across the nation. Then, get on the pre-approved bidder list on the General Services Administration (GSA).

Bidding 52

Bidding Tender Buyers Freight 52

GovCon & Trade

OCTOBER 26, 2023

They can offer enormous efficiencies and competitive advantages to a bidder; however, without a well-crafted agreement, they can represent vectors of antitrust risk. Teaming agreements can pose risks as they generally require contractors to commit to not submit bids independently or with another party.

Bid Rigging 147

Bid Rigging Bidder Bidding Efficiency 147

Bonfire

FEBRUARY 23, 2022

Many businesses just like yours are asking themselves what they need to know in order to bid and win government contracts tied to infrastructure funding. Now that you know where the money will be spent, what can you do to place your business in the best position to win government contracts? Source: Investopedia.

Bidding 52

Bidding Freight Transportation Transportation 52

European Law: Public Procurement

OCTOBER 17, 2012

For instance, some recent case law on the duty to provide reasons under each of the specific adminsitrative procedures that govern contract tendering and trademark registration shows what, in my view, is rather a contradiction.

Procurement 40

Procurement Public Procurement Bidder Tender 40