Government Contracts
On Behalf of Berenzweig Leonard, LLP | November 20, 2019 |
Government Contracts
It is not always easy to figure out where a protest should be filed. Although the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) both handle protests, each has slightly different protest jurisdiction as a protester recently learned. Akira Technologies, Inc. (“Akira”)…
On Behalf of Berenzweig Leonard, LLP | November 19, 2019 |
Government Contracts
Government contractors shielding the proprietary information in their contracts from competitors will be pleased to learn about the Department of Justice (“DOJ”) recently issuing new guidance regarding Freedom of Information Act (“FOIA”) Exemption 4. Generally, the FOIA is used to require federal agencies to disclose information to the public, unless…
by Stephanie Wilson | November 13, 2019 |
Government Contracts
Earlier this month, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2019. The Annual Report provides data on the protests filed with the GAO, including a summary of the most common grounds for sustaining protests. GAO received 2,198 cases in FY2019, as compared to 2,607 the…
On Behalf of Berenzweig Leonard, LLP | October 23, 2019 |
Government Contracts
Failing to keep a proposal current and accurate all the way through the solicitation process can cost an offeror the contract, according to a recent decision from the U.S. Court of Federal Claims (COFC). When the Department of Defense Washington Headquarters Services (WHS) requested quotes on a contract to…
On Behalf of Berenzweig Leonard, LLP | October 21, 2019 |
Government Contracts
Recently, the Court of Federal Claims (“COFC”) ruled that it lacked jurisdiction to resolve Space Exploration Technologies Corp’s (“SpaceX”) post-award bid protest challenging the United States Air Force Space and Missile Systems Center’s (“Air Force”) award of three launch services agreements (“LSA”). This ruling answered a looming question that many…
On Behalf of Berenzweig Leonard, LLP | September 28, 2019 |
Government Contracts
A recent GAO decision resolves for the time being a critical small business issue: whether the 3-year revenue average for determining small business status was still valid. GAO denied a protest that argued the 3-year period had been revised by a new law that extended the 3-year period…
On Behalf of Berenzweig Leonard, LLP | August 16, 2019 |
Government Contracts
A protestor that loses a decision before the Government Accountability Office (GAO) can protest the recommended GAO corrective action to the U.S. Court of Federal Claims (COFC). As a recent COFC decision shows, the protestor can also challenge the way the Agency is carrying out the corrective action. The Air…
On Behalf of Berenzweig Leonard, LLP | August 16, 2019 |
Government Contracts
In the rush to get a proposal finalized and submitted to the government on time, it’s understandable that offerors cannot always labor over every word in every sentence. Unfortunately, attention to detail is critical. Recently, an offeror’s failure to write its technical proposal to clearly give itself credit for previous…
On Behalf of Berenzweig Leonard, LLP | July 17, 2019 |
Government Contracts
The suspension of a long-time government contractor following a security breach shows that the government intends to use the suspension/debarment process to investigate and perhaps punish contractors for cyber security failures. According to limited information in the Government’s System for Award Management (SAM), Perceptics, LLC was declared “Ineligible (Proceedings Pending)”…
On Behalf of Berenzweig Leonard, LLP | June 17, 2019 |
Government Contracts
Even though past performance evaluations play a critical role in a contractor getting future contracts, contractors rarely challenge bad past performance ratings or the improper way an agency carries out its required past performance evaluation responsibilities described in FAR Subpart 42.15. One of the most common agency errors seems to…
