Government Contracts Legal Forum

NOVEMBER 6, 2023

Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2023. The total number of protests filed and the number of protests sustained by GAO increased significantly compared to Fiscal Year 2022—and GAO’s “Sustain Rate” jumped to 31%. On October 26, 2023, the U.S.

Sustainability 52

Sustainability Bidding Evaluation Price 52

Public Contracting Institute

NOVEMBER 29, 2023

The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2023 on October 26, 2023 (B-158766). The GAO sustain rate increased substantially from 13 percent in FY 2022 to 31 percent in FY 2023. GAO’s two year average sustain rate in FY 2022-2023 was 22 percent.

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Sustainability Bidding Evaluation Government Contracts 52

Government Contracts Legal Forum

DECEMBER 18, 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. Below, Crowell Partner Cherie Owen discusses RELX Inc. ,

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Sustainability Bidding Goods & Services Government Contracts 52

Government Contracts Legal Forum

MARCH 12, 2024

Check out our discussion of the Washington Business Dynamics, LLC , decision in December’s Sustain of the Month post.) This welcome trend has continued into 2024, with GAO’s issuance of a sustain decision in LOGMET LLC , B-422200, Feb. 21, 2024. We would like to thank Cherie J. Owen, Consultant, for her contribution to this blog post.

Sustainability 52

Sustainability Bidding Warehouse Evaluation 52

SmallGovCon

DECEMBER 21, 2023

Since this was solicited on an LPTA basis, the agency planned to evaluate offers received starting with the lowest-priced option and continuing its evaluation of offers with increasing prices until it found an offer that met the salient characteristics of the LexisNexis product. d/b/a LexisNexis, and one by West Publishing Company.

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Sustainability Price Government Contracts Evaluation 104

The Procurement ClassRoom

NOVEMBER 23, 2024

This vision aligns with the aspirations of many governments: leveraging technology to enhance public services , reduce costs, and promote sustainability. Foster sustainability by prioritizing green and energy-efficient technologies. However, one critical element often overlooked in these discussions is public procurement.

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Procurement Supply Chain E-procurement Public Procurement 59

Government Contracts & Investigations

JANUARY 31, 2024

Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. Below, we cover a few important GAO decisions you should know from December 2023.

Bidding 52

Bidding Negotiation Evaluation Sustainability 52

Government Contracts Navigator

FEBRUARY 14, 2024

DISPARATE TREATMENT MATERIAL EXCEPTION PRICE EVALUATION PAST PERFORMANCE BEST VALUE DETERMINATION The post 60-Second Sustains: Deloitte Consulting LLP and Softrams LLC appeared first on Government Contracts Navigator. Jochum ● Deloitte Consulting LLPB-422094; B-422094.2 Deloitte Consulting LLP; Softrams, LLCB-421801.2,B-421801.3,B-421801.4,B-421801.5,B-421801.6

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Consulting Sustainability Evaluation Price 62

Government Contracts Legal Forum

AUGUST 8, 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. View the full article

Sustainability 40

Sustainability Bidding Price Evaluation 40

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. As a result, the protest was premature.

Sustainability 40

Sustainability Bidding Bidder Evaluation 40

Government Contracts Legal Forum

JULY 31, 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. LLC; Akima Sys. In Kupono Gov’t Servs., LLC; Akima Sys.

Sustainability 40

Sustainability Bidding E-procurement Evaluation 40

Government Contracts & Investigations

DECEMBER 6, 2023

Since the beginning of Fiscal Year 2024, the Government Accountability Office has published 35 decisions, but only two of which resulted in decisions sustaining the challenge. Below we dive into recent bid protest decisions and identify what won, what did not win, and why. As such, the GAO sustained this protest ground.

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Bidding Sustainability Thresholds Evaluation 52

Government Contracts Legal Forum

NOVEMBER 6, 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. B‑421740, B-421740.2, In Guidehouse, Inc. ,

Sustainability 40

Sustainability Bidding Evaluation Consulting 40

Government Contracts Legal Forum

JANUARY 30, 2024

Though not the first sustain of 2024 (click here for our writeup of 2024’s first sustain), GAO’s decision in American Material Handling, Inc. GAO sustained the protest, noting the well-established rule that, once vendors are informed of the criteria against which proposals will be evaluated, the agency must adhere to these criteria.

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Sustainability Bidding Evaluation Price 40

FedScoop

AUGUST 23, 2024

Last summer, for example, the Government Accountability Office sustained dozens of complaints, or bid protests, and the agency again committed to corrective action. What’s left Before CIO-SP4 can be awarded, the remaining bid protests must be resolved. Clark said the agency started paying those off in July.

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Bidding Sustainability Contract Accountability 114

Public Contracting Institute

MAY 8, 2024

FAR 6.401 (Sealed Bidding and Competitive Proposals) states: Sealed bidding [using an Invitation for Bids-IFB] and competitive proposals [using a Request for Proposals-RFP], as described in [FAR] parts 14 and 15 , are both acceptable procedures for use under subparts 6.1 , 6.2 ; and, when appropriate, under subpart 6.3

Bidding 52

Bidding Procurement E-procurement Negotiation 52

Government Contracts Legal Forum

OCTOBER 27, 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. involving organizational conflicts of interest (OCIs).

Sustainability 40

Sustainability Bidding Engineering Evaluation 40

Tendersinfo

JUNE 4, 2021

Bid managers are the unsung heroes of the sales team and the organization. They are the one that drives the organization’s success by using their analytical skills to help the organization build its market place and move towards sustainable business development.

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Bidding Tender Buyers E-procurement 52

Government Contracts Legal Forum

JANUARY 11, 2024

The following is the final installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s Government Contracts Practice kept you up to date with a summary of the most notable bid protest sustain decision each month. Although evaluations under FAR Subpart 8.4

Sustainability 40

Sustainability Bidding Evaluation Procurement 40

Federal News Network

AUGUST 21, 2024

First, SBA is contemplating a rule that would prevent SBA-approved mentor-protégé joint ventures from bidding on multiple award contracts. SBA is also contemplating eliminating the HUBZone price evaluation preference to HUBZone joint ventures formed under the Mentor-Protégé Program. But that’s not all.

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Price Evaluation Bidding Innovation 99

Government Contracts & Investigations

FEBRUARY 29, 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. Sustained Protests In American Material Handling, Inc., Thus, the GAO sustained the protest.

Bidding 52

Bidding Evaluation Sustainability E-procurement 52

SmallGovCon

JUNE 26, 2024

.” In the end, GAO found that the agency did not perform a proper price realism analysis, and recommended that the agency conduct a new price realism evaluation of Criterion’s proposal, which should include an evaluation of the price in relation to the technical solution. Questions about this post? Need legal assistance?

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Price Sustainability Evaluation Government Contracts 59

SmallGovCon

FEBRUARY 16, 2024

In a recent bid protest decision, the GAO held that when an agency sought to procure services using the Federal Supply Schedule, the agency could not agree to pay a price higher than the price set forth in the offeror’s underlying FSS contract. then filed a bid protest with the GAO, challenging various aspects of CMS’s evaluation.

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Price Bidding E-procurement Evaluation 81

SmallGovCon

FEBRUARY 7, 2024

And, evaluating the product on any characteristics that are not included in the solicitation, even if incorporated by reference to the name brand item, can lead to an improper exclusion of offerors from competition. Which, as any federal contracting attorney would know, is prime real estate for a protest to be sustained.

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Evaluation Sustainability Price Government Contracts 105

Federal News Network

JANUARY 4, 2024

Foes are vanquished, in this case Boston Consulting Group, losing its OASIS+ bid protest at the Government Accountability Office. He said GSA disqualified his company around three deficiencies, even after submitting a bid, going through a live demonstration and going back and forth with email questions and answers during the fall.

Bidding 105

Bidding E-procurement Consulting Procurement 105

Federal News Network

DECEMBER 20, 2023

It used a slightly unconventional approach to evaluating bidders. Tom Temin Because this was a sustainment, which only happens in, what, about 15 or 20% of the protests that are brought. Here there are a couple of footnotes where they say either this could have been around for sustain essentially, but we’re not ruling on this.

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Bidder Price Sustainability Evaluation 83

Government Contracts & Investigations

SEPTEMBER 28, 2023

The question disappointed healthcare contractors should ask is whether the agency acted unreasonably in its evaluation and selection of the awardee. 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. B-421325, 2023 CPD ¶ 74 (Mar.

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Government Government Contract Bidding 52

Government Contracts

FEBRUARY 13, 2024

Government Accountability Office sustained all four aspects of a competitor's protest over how their bids were evaluated. The Centers for Medicare & Medicaid Services will have to reconsider a contract it awarded to a public relations firm after the U.S.

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Contract Bidding Sustainability Evaluation 52

Tendersinfo

MARCH 24, 2021

Ultimate Guide to the Insight of Public Procurement Professionals Public Procurement is a multi-staged activity and requires a thorough understanding of each process to be more successful with the bids. The higher the value of the contract higher is the team size hence it important to understand the metrics based on which a bid is successful.

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Public Procurement Procurement Tender Bidding 52

Government Contracts Legal Forum

JANUARY 22, 2024

In its first published bid protest sustain decision of the new year, the Government Accountability Office (GAO) highlights agencies’ obligation to adequately document a substantive analysis of proposals against the solicitation requirements, even in FAR Part 16.5 procurements. In SierTeK-Peerless JV LLC , B-422085, B-422085.2,

Sustainability 40

Sustainability Evaluation Accountability Transportation 40

Tracker Intelligence

FEBRUARY 12, 2025

A contract notice makes sure everyone knows what’s up for grabs, who’s bidding, and how decisions are made. Governments aim to support ethical, sustainable businesses while getting the best value. Tendering and Bidding A contract notice is published, inviting suppliers to submit bids.

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Public Procurement Procurement Supplier Tender 52

Government Contracts Legal Forum

FEBRUARY 26, 2024

In the bid protest context, the question arises as well when agencies seek to “fill in the gaps” in the administrative record with additional detail, a practice GAO has permitted so long as those details are consistent with the contemporaneous record. In Conti Fed. LLC , B-422162 et al. , LLC , B-422162 et al. ,

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Sustainability Import Evaluation Consulting 40

Tracker Intelligence

FEBRUARY 22, 2025

Government expenditure through public procurement is essential since it ensures that there are contracts available to be bid in a fair, open, and competitive manner. How Transparency is Ensured in Procurement Transparency is achieved through open contract notices, public tenders, and clear evaluation criteria.

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Public Procurement Transparency Procurement Tender 52

Government Contracts & Investigations

NOVEMBER 7, 2023

With GAO’s statistics for Fiscal Year 2023 (“FY 23”) just released, we thought now is the perfect time to share some insights we gained by reading every published decision in which GAO sustained a protest during FY 23. This year GAO reports a sustain rate of 31%, listing the number of sustained cases at 188, versus 59 last year.

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Sustainability Evaluation Price Engineering 59

Federal News Network

JANUARY 4, 2024

Dan Ramish Yes, this procurement was very notable for the number of big protests, so many protests that set new records and broke the GAO’s bid protests statistics for the year. Dan Ramish So GAO evaluated the protests and sustained protests on two grounds. So the stakes are very high, so protests were fairly predictable.

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Contract Bidder Bidding Evaluation 92

Federal News Network

JULY 10, 2024

So some of those are things that can be mitigated, usually impaired objectivity, which means basically, that you’re evaluating your own work from another contract. Zach Prince You can’t have a situation where you’re evaluating your own work, or where somebody who’s part of your team is evaluating its own work.

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Bidder Contract Evaluation Data 93

Open Contracting Partnership

DECEMBER 6, 2023

In addition, a dedicated Sustainable Public Procurement (SPP) Competence Center was established in the LPPO to lead implementation and to support contracting authorities and suppliers in their adoption of green criteria. In 2023, the LPPO added a set of key sustainability performance indicators to its procurement dashboard.

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Procurement Buyers E-procurement Public Procurement 89