Georgia’s same-sex marriage laws evaporated with the announcement of the 2015 Obergefell v. Hodges decision. The landmark United States Supreme Court decision requires States to: - license a marriage between two people of the same sex, and - recognize a marriage between two people of Read More

Government Control Exception to Late Proposal Rule

A government contractor successfully filed a pre-award bid protest challenging the Defense Intelligence Agency (DIA) rejection of its proposal as late.  In the case of Electronic On-Ramp, Inc. v. United States, 104 Fed.Cl. 151 (March 28, 2012), the Court of Federal Read More

SDVOSB VOSB Set Asides for FSS Contracts

SDVOSB and VOSB have priority for contracts awarded under GSA’s FSS (Federal Supply Schedule) procedures.  The Department of Veterans Affairs (VA) must conduct market research to determine if there are two or more eligible SDVOSB or VOSB concerns capable of Read More

Bid Protests in the United States Court of Federal Claims

The United States Court of Federal Claims has jurisdiction to hear bid protest cases under the Tucker Act, 28 U.S.C. Section 1491(b).  The Tucker Act, as amended by the Administrative Dispute Resolution Act of 1996, Pub.L. No. 104-320 Section 12(a)-(b), waives Read More

Standing to File Bid Protest in Court of Federal Claims

In the case of Digitalis Education Solutions, Inc. v. United States, 664 F.3d 1380 (Jan. 4, 2012). the United States Court of Appeals for the Federal Circuit affirmed the Court of Federal Claims decision that the appellant was not an Read More

Bid Protests

There are several types of bid protests available for interested parties or disappointed bidders in federal agency procurements, including agency protests (Federal Acquisition Regulation 33.103 and Executive Order 12979), protests before the General Accountability Office, and protests filed with the U. S. Court Read More

Court of Federal Claims

United States Court of Federal Claims - The Tucker Act 28 U.S.C. § 1491 gives the United States Court of Federal Claims jurisdiction to hear claims arising under Section 10(a)(1) of the Contract Disputes Act.  This includes claims by or against, or disputes Read More

GAO Sustains Bid Protest – Agency Engaged in Discussions

In Matter of: Standard Communications, Inc., B-406021 (January 24, 2012), the Comptroller General sustained a bid protest because the agency engaged in discussions with the awardee, but not the protester. The agency characterized it’s communications with the awardee as clarifications Read More

Post-Award Bid Protest Sustained for Flawed Award Decision

In Firstline Transportation Security, Inc. v. United States, 100 Fed.Cl. 359 (Sept. 27, 2011), the Court sustained a post-award bid protest, finding that the agency’s selection of a low-price technically inferior proposal in a best-value procurement was not justified. Non-price Read More

GAO Sustains Protest of Contract Award to Different Legal Entity

In Matter of: W.B. Construction and Sons, Inc., B-405874, B-405874.2, December 16, 2011, GAO sustained a protest that the contracting agency improperly awarded an 8(a) contract to an entity that did not participate in the procurement. The construction contract award Read More

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