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Tennessee construction attorney Matthew DeVries has described the outcome of an Alabama court case in which a bidder left out the word "thousand" in a bidprice and was held to the significantly lower bid amount by the public agency. Click here to read Mr. DeVries brief blog post on this court case.
As we look forward to fall traditions like turkey and mashed potatoes, pumpkin spice, and leaf peeping, don’t sleep on another fall tradition, the GAO bid protest report. This report is GAO’s summary of bid protests for the previous fiscal year. It also summarizes the general statistics for bid protest decisions.
What's the difference between a Bid and a Proposal, or between an Invitation to Bid and a Request for Proposals (RFP)? Invitation to Bid: Public agencies that issue an Invitation to Bid (or a Request for a Quote) have defined a specific scope of work for which they are requesting bidprices.
If you feel like prices for just about everything are going up, you’re not alone. In federal government contracting, however, a contractor may not have the same leeway to raise its prices. then filed a bid protest with the GAO, challenging various aspects of CMS’s evaluation. B-421917.2,
Rather, it’s time for GAO’s annual bid protest report. This report is GAO’s summary of bid protests for the previous fiscal year. It also summarizes the general statistics for bid protest decisions. And unlike last year, all agencies followed GAO’s recommendations in connection with bid protests.
Inflationary pressures can cause frustration levels among suppliers due to increased costs or reduced demand from customers, particularly when it comes to repeated orders or fixed pricing contracts. This could include negotiating more favorable terms with suppliers or renegotiating existing contracts to ensure that prices remain competitive.
The definition of benchmarking according to the Oxford English Dictionary is: Evaluating (something) by comparison with a standard Benchmarking in procurement can take many forms, the most basic being, simply comparing quotes or bids from incumbent suppliers to ascertain the best value.
Clearly unimpressed, the Court stated, [i]f defendant wants construction contractors who have studied in the school of Machiavelli, it should so state in its invitations for bids. As such, the fact that the Army received any work during October 2013 obligated it to pay the full contract price for that month. Questions about this post?
We often see price realism in protests when the protester is making the claim that the awardee’s price, which was lower than the protester’s price, is low enough that the awardee would not be able to perform the work as solicited. Most often, GAO will determine that the agency’s price realism analysis was acceptable.
As discussed previously in this FAR and Beyond blog, the General Services Administration (GSA) has proposed to amend the Competition in Contracting Act (CICA) of 1984 to adjust the statutory authority for the Federal Supply Schedule (Schedule) program by clarifying what constitutes “competitive procedures” under the law.
254b that requires government contractors to submit cost or pricing data in their bids and to certify. Read more » The post How to Avoid Truth in Negotiations Act TINA Pricing Criminal Liability appeared first on Watson & Associates LLC Government Contracts Blog. . § 2306a, 41 U.S.C.
There are two different stages in which a market study must determine the price: 1) before the issuance of the initial bidding decision and 2) during the analysis of the reasonability of the price. The post Price Reasonability in the New Public Procurement Law appeared first on BLP Legal.
Government Construction Projects: Bidding and Winning Strategies for Success Government construction projects offer significant opportunities for businesses to grow and thrive. To succeed in this competitive arena, it’s essential to understand the bidding process and develop winning strategies.
Offerors are sometimes distressed when an agency selects a significantly higher priced, higher technically rated proposal in a best value determination. This blog only discusses the challenge to the best value tradeoff, which was required by the Solicitation, and which contemplated a cost plus award fee contract. B-422040, Jan.
. § 124.506 states that a solicitation must be competed among 8(a) Program participants if there is a reasonable expectation that at least two eligible 8(a) Program participants will submit offers at a fair market price, the anticipated award price will exceed $7 million for manufacturing NAICS and $4.5 million or less for all others.
For our third entry in our “Why File” series, we will be covering one of the two big bid protest routes, a “pre-award” Government Accountability Office (GAO) bid protest. But contractors may be less familiar with pre-award bid protests at GAO. What is a “pre-award” protest?
This may include pricing, financial information which could affect the outcome of a future bid, intellectual property and trade secrets. You can also sign up to our mailing list for blogs, FAQs and regular updates here. Commercial sensitivity will be an important ground for suppliers to understand.
In making the award, the SSA had noted the price differential between TSG’s higher-rated, more expensive proposal and Sparksoft’s lower-rated, less expensive one, but concluded that TSG’s “distinguishing positive features” justified its price premium. Owen, Consultant, for her contribution to this blog post.
The Rule of Two is the federal contracting rule requiring agencies to set aside a solicitation for competition only between small businesses when there are at least two small businesses that could do the work for a fair price. You can read more about that in this previous SmallGovCon blog post. But that rule does have some exceptions.
As contracting activities are busy awarding new contracts, it is important to follow the trends related to successful and effective protests as you consider filing your own bid protest, or as you defend your award as an intervenor. Below we dive into recent bid protest decisions and identify what won, what did not win, and why.
With such a large pool of vendors, agencies are able to get multiple competitive bids to get the best price for required services. Cost savings: Pre-negotiated pricing and terms help speed up procurements, maximize value, and optimize spending. Follow ITC on LinkedIn and subscribe for blog updates.
This post was originally published on the ODI Global blog. Better procurement should be agile, goal and outcome-oriented, happen early on in the project cycle, and allow for ample bid windows to avoid the risk of a time-constrained race to the bottom on lowest cost alone.
AFIC believed that the protester essentially had it out for them, as it had filed three unsuccessful bid protests against AFIC and a SDVOSB status protest that was dismissed as untimely. in Ostensible Subcontracting Review) first appeared on SmallGovCon - Government Contracts Law Blog. The post OHA Says: Show me the Money! (in
17, 2023) , GAO looked at this issue in the context of a lowest-price, technically acceptable (LPTA) solicitation for a brand name or better product, with an unexpected ending that the protester surely did not see coming. This is essentially Federal Government Contracting 101 and applies to any type of solicitation. In RELX, Inc.,
The small business rule of two requires agencies to restrict procurements for small businesses when there is a “a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.” FAR 19.502-2.
The RFQ was for the award of a contract to the offeror that offered the “lowest-price technically acceptable quotation considering price and technical acceptability.” The post GAO: Brand Name or Equal RFQ Must Explicitly State All Salient Characteristics first appeared on SmallGovCon - Government Contracts Law Blog.
The Solicitation required vendors to submit pricing schedules that included quoted labor categories from their underlying FSS contracts. Owen, Consultant, for her contribution to this blog post. The post February 2024 Bid Protest Sustain of the Month appeared first on Government Contracts Legal Forum. View the full article
The benefits of sourcing from overseas include factors such as: Access to a wider market Access to expertise and technology Lower prices If you read last month’s blog you will have discovered or been reminded of understanding the importance between price and cost.
The request for quotations (RFQ) included a two-page specification sheet identifying the salient characteristics of the wheel loader equipment and stated that award would be made on a lowest price, techncally acceptable basis. Owen, Consultant, for her contribution to this blog post. We would like to thank Cherie J.
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.
Registration is required to bid on contracts. To learn more about these programs and how to leverage them, consider the Veteran-Owned Business Contracting: Leveraging Set-Aside Programs for Growth blog post. Learn more about the benefits and risks in the Understanding Firm Fixed-Price Contracts blog post.
The JV got its first award on September 15, 2018, and submitted its initial offer, including price, for the procurement at issue, more than two years later on June 7, 2022. Since the change, joint ventures are not limited by the number of awards, only by the timing of bids. And here is where it got a little interesting.
124.506 , if an 8(a) contract price would exceed a certain threshold ($7 million for manufacturing contracts, $4.5 Peregrine) and compete the second part, worth $43 million, for 8(a) participants to bid on. Under 13 C.F.R. million for others), in most cases, the agency must compete the set-aside.
As discussed previously in this FAR and Beyond blog, the General Services Administration (GSA) has proposed to amend the Competition in Contracting Act (CICA) of 1984 to adjust the statutory authority for the Federal Supply Schedule (Schedule) program by clarifying what constitutes “competitive procedures” under the law.
Here are a few tips on how to get bids, when your bid number is zero. Will their bid end up looking more like a novel? If they’re thinking it’s not worth the time, they won’t send a bid. If you’re asking for a bid with the moon and the stars, adjust your RFP to be a little more down to Earth.
We recently published a blog post that provides a gentle introduction to AI in procurement, illustrating the thinking and work that needs to go into even relatively straightforward processes such as comparing green criteria for public contracts against real tender notices. Understanding how data is used and managed and any related risks.
Without this certification, your organization may be unable to bid on lucrative government contracts, putting you at a significant disadvantage compared to your competitors. Cost accounting and pricing Government contractors must also navigate the complexities of cost accounting and pricing when pursuing federal contracts.
In this blog post, we will provide a detailed guide on how businesses can successfully sell to the government in the SLED market. These solicitations can take the form of requests for proposals (RFPs), requests for quotes (RFQs), or invitations to bid (ITBs).
In this blog post, we will provide a detailed guide on how businesses can successfully sell to the government in the SLED market. These solicitations can take the form of requests for proposals (RFPs), requests for quotes (RFQs), or invitations to bid (ITBs).
. … [I]ncreased costs to industry will inevitably end up coming back to the department in the form of increased prices and what the government pays in reimbursed contractor overhead. DoD has noted it will cost small businesses over $100,000 to have a third-party certify their compliance with just Level 2 requirements. …
In this blog post, I’m going to share why Digital Iceland’s decision to work with partners to access knowledge and capabilities underpinned successful service transformation, enabling them to digitize 20 services in just over three years. Expanding capability The ministry took an innovative approach to resourcing the project.
In that case, the size of the offeror at the time of the initial offer, including price for the task order , will be the size that applies. The post Shopping for a New Small Business: How Acquisitions Affect Size Status for Multiple-Award Contracts first appeared on SmallGovCon - Government Contracts Law Blog.
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