GAO Corrective Action, is it the end?

Sep 4, 2020

Recent decision from the GAO serves as an important reminder to contractors that, while agencies typically have broad discretion in determining the scope of any corrective actions they take, contractors may nonetheless challenge an agency’s corrective action if its scope is unreasonably narrow.


GAO to Incumbents: You Still Have to Submit a “Well-Written Proposal”

Aug 20, 2020

GAO to Incumbents You still have to submit a well written proposal. GAO Signals to Incumbents that a Well Written Proposal is Still Required By: David Warner Share on linkedin Share on twitter Share on facebook Share on email Share on print XTec, Inc decision shows that the GAO is rejecting “incumbent-itis” . In XTec, Inc.,… Read more »


Debriefings: A Modest Proposal

Nov 21, 2019

  By William Weisberg, Esq., So, I was asking myself, what about government contracts drives me up a wall?  More particularly, what is most frustrating to me, as a practicing procurement lawyer?  Easy: debriefings.  We (at least contractor “we”) have participated in debriefings where the government “script” was some variation on: “Your proposal was terrible.  Here… Read more »


Timeliness of Bid Protests

Nov 8, 2017

By Tyler Freiberger  Untimeliness is one of the most common reasons protests of government solicitations and awards before the Government Accountability Office (“GAO”) and The Court of Federal Claims are dismissed. The accompanying chart describes the somewhat harsh and complex rules required for filing before each body. For protests on how a solicitation is written,… Read more »


Protester Not Found to Be An Interested Party Where It Was The Awardee

Oct 19, 2017

Yes, you read the title correctly – a protester actually protested its own future award. In an interesting twist of fate, a company recently filed a pre-award bid protest only to find out that the agency had already evaluated the protester’s bid and intended to award the contract to the protester. Daekee Global Company, Ltd.,… Read more »


GAO Sustains Protest on Four Billion Dollar Solicitation Evaluation

Oct 5, 2017

In its September 18, 2017 decision, the GAO sustained McCann-Erickson USA, Inc.’s (“McCann”) protest challenging the Army’s preliminary elimination of McCann’s proposal for advertising services on an acquisition valued up to $4 billion.  After receiving numerous proposals the Army performed a “compliance review” aimed at thinning the number of proposals before applying the evaluation criteria… Read more »


Remember to Timely File Comments… Or Else

Aug 31, 2017

In a recent decision on August 25, 2017, the GAO dismissed the protest of PennaGroup, LLC for failure to timely file comments on the agency reports. On March 17, 2017, the Department of Homeland Security (DHS) issued an RFP for the design and construction of solid concrete border wall prototypes. The RFP instructed offerors to… Read more »