Court of Federal Claims Bursts Bubbles

American Sanitary Products, Inc. v. United States – 2017 WL 3124441 The United States Court of Federal Claims decided this case. Established pursuant to Article I of the U.S. Constitution, this court deals mostly with monetary claims made against the U.S. government. This court commonly hears cases concerning government contracts and tax refunds, among other subjects.   Get Government Contract  Legal Help NOW! Bid Protest Background On September 9, 2016, the Federal Bureau of Prisons (BOP) posted Request For Quotations (RFQ) on the

When is it okay to supplement the Agency record on a bid protest?

The Court of Federal claims recently found that while not favored, supplementation of the administrative record is allowed. The Air Force awarded the contract in question to SPG, which at the time of the award lacked a necessary facility clearance. After learning that SPG lacked the necessary facility clearance, the Air Force canceled its award to SPG and awarded to Sonoran. SPG initially filed a GAO bid protest, requesting that the company be referred to the SBA for a

GAO Reviews Bid Protests

General Accountability Office Reviews Bid Protests During Lapse   Recently, the General Accountability Office’s jurisdiction lapsed when a sunset provision that was established by the National Defense Authorization Act took effect. The lapse in jurisdiction ended when President Obama signed the General Accountability Office Civilian Task and Delivery Order Protest Authority Act into law and removed the sunset provision. The General Accountability Office is now tasked with determining how to respond to protests that occurred during the lapse in judgment. In two recent

New Rules for Federal Acquisition Regulation

New Rules for Federal Acquisition Regulation Federal Government contractors must comply with new privacy training procedures related to federal acquisition regulation due to a final rule passed by the United States Department of Defense, General Service Administration, and National Aeronautics and Space Administration. Federal contractors are now required to meet training obligations to address the protection of privacy with the Privacy Act of 1974 and the handling and safeguarding of personally identifiable information. These new regulations became effective on January 19, 2017. To

Business Management Books That Have Shaped My Business

Reading Business Management Books on My Commute Like many of you, my ride to work in the morning is long and can feel like a giant waste of time.  I have tried many diversions and distractions like riding my bicycle the 18 miles to work or taking the local RTD (Denver’s transit system) and both of those tools have been useful.  However, starting in March 2015, I discovered a way to make the commute, however I was making it,

Price Realism Analysis Bid Protest Sustained

Matter of GiaCare and MedTrust JV Download Case-Matter of GiaCare and MedTrust JV LLC Protesting an agency’s award of the contract based on a flawed price realism analysis is normally an uphill battle. However, in the matter of GiaCare and MedTrust JV, the importance lied in the solicitation itself. As the GAO recounted in sustaining GiaMed’s protest, “an agency may provide, in the solicitation, for the use of a price realism analysis for the limited purpose of measuring an offeror’s understanding

Bid Protest Over Lack of SAM Registration Accuracy

Double Check Your SAM Registration Accuracy! We urge all our clients to be thoughtful about not only their corporate documents (such as articles, operating agreements and bylaws), but to double check the accuracy of their DUNS and SAM registration accuracy. Government contracting officers rely on the information in these systems when making their decisions. The GAO has also upheld contracting related decisions by contracting officers that rely on this information – even if the information in the databases is

Latvian Wins Bid Protest Against FedBid for Determination of Non-Responsibility

Fed-Bids Determination of Non-Responsibility Kevin Barnes, the service connected veteran owner of Latvian Connections, filed a pro se pre-award bid protest with the GAO against FedBid, Inc.  FedBid, was acting as an agent for the Department of the Interior, U.S. Geological Survey, in a reverse auction platform and had suspended Latvian, because Latvian had  in FedBid’s terms “taken actions to repeatedly and purposely interfere with FedBid’s business relationships. “  FedBid continued: Right to Terminate: Latvian Connection’s use of the FedBid marketplace

Fresh Fruits and Vegetables and a Federal Bid Protest

How did fresh fruits and vegetables become the ingredients of a federal bid protest? Pre-award federal bid protest Plaintiff Raymond Express Int’l, LLC (REI) filed a pre-award federal bid protest on December 8, 2014 and asked the court to enter the following four questions regarding solicitation, which had been amended six times. As anecdotally, three of the amendments were the result of protest previously filed by REI at the agency and GAO level. The solicitation was for a bid

SBA Bid Protest: Two Classes of Stock and SDVOSB Eligibility

The SBA Bid Protest- No Good Deed Goes Unpunished The SBA bid protest in question arose out of a Department of State request for proposals for an aviation program support service.  The contract was a SDVOSB set aside and Precise Systems Inc. was the apparent winner.  Four companies All Points Logistics, LLC; AMPS, LLC; B3 Solutions, LLC; and Downrange Operations and Training, LLC, filed a SBA bid protest alleging that Precise Systems was not unconditionally and directly owned by