Skip to content

Author Archives: terrenceoconnor

Incumbents Competing for Follow-on Contract Should Assume Nothing

by Terrence O’Connor | April 22, 2019 | Government Contracts

A recent decision of the Government Accountability Office (GAO) shows that incumbent contractors bidding on a follow-on contract cannot assume that the government’s evaluators will use their personal knowledge of an incumbent’s previous performance and automatically fill in informational blanks an incumbent might leave in its follow-on proposal. Although evaluators…

Agency Fails To Justify Override Of Automatic Stay

by Terrence O’Connor | March 12, 2019 | Government Contracts

Because it usually makes sense to not start a new contract or task order until after any protests over that award have been resolved, protesters at the Government Accountability Office (GAO) have the right to an “automatic stay” of performance of the protested award if they file their…

Persistent Contractor Monitoring Of Solicitation Process Is Essential

by Terrence O’Connor | February 13, 2019 | Government Contracts

Although the complexity of the solicitation process makes it easy for “things to fall between the cracks,” the solicitation process has little room for error. Recently, the Government Accountability Office (GAO) concluded that an offeror who had failed to respond to an agency request to extend its proposal was reasonably…

Waiting To Protest Can Be Fatal

by Terrence O’Connor | February 12, 2019 | Government Contracts

Because a protest can adversely impact a government contractor’s relationship with its customer, to say nothing of being costly, unsuccessful offerors might be tempted to file a protest only after they have good facts to base a protest on. Recently, however, an incumbent contractor waited too long, according…

Too Much Information In Proposal Disqualifies Offeror

On Behalf of Berenzweig Leonard, LLP | January 16, 2019 | Government Contracts

It is not unusual for an offeror to lose a contract for not giving the government enough information. The opposite, though, can happen. Recently, an offeror lost a contract for submitting too much information. Offerors competing for a contract for constructing a government building had…

The Small Business Runway Extension Act: Great News for Small Businesses… Eventually

by Terrence O’Connor | January 10, 2019 | Business Litigation

Growing small businesses facing the possible loss of small business status got two more years of “growing room” from Congress and the President on December 17th. On that day, the President signed The Small Business Runway Extension Act of 2018 that changed to 5 years from 3 years…