Category Archives: Bid Protests

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Federal Circuit Reverses CFC’s CGI Federal Decision and Clarifies the Law that Terms in RFQs Issued under the Federal Supply Schedule Must Be Consistent with FAR Part 12

GSA FSS LogoThe Federal Circuit’s decision in CGI Federal Inc. v. United States addressed the relationship between FAR Part 12—which applies to acquisitions of commercial items—and FAR Subpart 8.4, which addresses the Federal Supply Schedule (FSS) program. The case involved …

Dare to Compare—Comparisons in Price Analyses

iStock_000019708886LargeEditor’s note: This is the third post in a series focused on protest allegations related to cost and price analyses. The first post explained the basic principles on price and cost realism. The second post focused on the adjustments an

Adjustments in Agency Cost Realism Analyses Must Be Rational

iStock_000006139533LargeEditor’s note: This is the second post in a series focused on protest allegations related to cost and price analyses. The first post explained the basic principles on price and cost realism. Planned future posts will discuss benchmarks an agency

“That Wasn’t Fair!”—Protests Based on Unequal Discussions

Editor’s note: This is the fourth post in a series of posts focused on protest allegations related to discussions with offerors. The first post addressed differences between clarifications and discussions. The second post focused on the requirements for discussions to

GAO Holds NASA Exceeded Its Discretion in Protest of FSS Task Order

Challenges to an agency’s best value tradeoff decision can be difficult to win, as GAO doesn’t reevaluate the offerors’ proposals, gives deference to evaluators’ judgments, and performs a limited review of whether the evaluation and source selection decision were reasonable …

What is Required for Discussions to Be Meaningful?

Editor’s note: This is the second post in a series of posts focused on protest allegations related to discussions with offerors. The first post addressed differences between clarifications and discussions. Planned future posts will cover what qualifies as misleading discussions,

When SSA’s Disagreement With Evaluators Goes Too Far

Imagine you’re deciding which contractor should perform a Navy task order to provide engineering support, asset staging, and installation services on board ships. You receive the following ratings from the SSEB:

prism ratings

To whom do you award the order? In the …

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