Topic Archives: Post-Award Protest Primer Series

Protests and Litigation
January 4, 2018Post-Award Protest Primer Series

Organizational Conflicts of Interest (Post-Award Protest Primer #13)

Today we’ll consider Organizational Conflicts of Interest (OCIs) as a ground of protest.  The Federal Acquisition Regulation (FAR) defines an OCI as a situation where “because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in ...›

Protests and Litigation
December 5, 2017Post-Award Protest Primer Series

Discussions Vs. Clarifications Vs. Communications, And Agency Discretion (Post-Award Protest Primer #12)

In our last post, we looked at the most common protest grounds related to discussions:  lack of meaningful discussions, misleading discussions, and unequal discussions.  Today we’ll discuss how discussions differ from clarifications and pre-competitive range communications, as well as the Government’s discretion to conduct (or not conduct) such exchanges. Discussions, as we noted last time, ...›

Protests and Litigation
November 13, 2017Post-Award Protest Primer Series

Non-Meaningful, Misleading, and Unequal Discussions (Post-Award Protest Primer #11)

Today’s post is the first of two installments on protest grounds related to discussions.  This post will focus on the requirement that discussions be meaningful and not misleading, and treat offerors equally.  The next post will look at the difference between discussions and other types of exchanges between agencies and offerors, as well as agencies’ ...›

Protests and Litigation
October 25, 2017Post-Award Protest Primer Series

Unstated Evaluation Criteria And Waived Solicitation Requirements (Post-Award Protest Primer #10)

This week we’ll discuss two protest arguments that are, in some ways, two sides of the same coin:  unstated evaluation criteria and waived or relaxed solicitation requirements.  In each, the focus of the protest is on what was required (or not required) by the solicitation and whether the agency’s evaluation was consistent with the information ...›

Protests and Litigation

GAO Protective Orders (Post-Award Protest Primer #5)

Post-award protests generally involve arguments about confidential, source-selection sensitive information – proprietary bid and proposal material, past performance data, cost and pricing information, nonpublic agency estimates, and the judgments of agency evaluators and source selection personnel.  Neither the government nor the competitors want that sort of information to be disclosed to anyone without rigorous protections.  ...›