GAO Protective Orders (Post-Award Protest Primer #5)
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- 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... ›
Bid Protest Remedies (Post-Award Protest Primer #4)
By: James A. TuckerWe’ve discussed debriefings and the timelines and timeliness rules that apply to post-award protests. Today we’ll discuss remedies. If you file a protest to challenge a contract award and you win the protest, that means you win the contract, right? Well, certainly not immediately.... ›
Timeliness and Timelines (Post-Award Protest Primer #3)
By: James A. TuckerNow that we’ve discussed the award letter and debriefings , we’ll move on to next steps: timeliness of initial protest filings and the protest timeline. In the context of all post-award debriefings, there are two timeliness considerations: First, meeting the GAO’s timeliness requirements and, second, whether... ›
Debriefings (Post-Award Protest Primer #2)
By: James A. TuckerYou just received an email: “We appreciate your interest in the XYZ procurement. The Agency determined that your proposal did not represent the best value to the Government. Award has been made to Acme Corp. at a price of $50,000,000.” After kicking your trashcan... ›
An Introduction to Bid Protests (Post-Award Protest Primer #1)
By: James A. TuckerWelcome to the first in a new series of articles on post-award bid protests! A lot of misunderstandings and misinformation surround the bid protest, and traps abound for the wary and unwary alike. To dispel some of this confusion and explore some of the... ›
Anatomy of a Protest at the U.S. Court of Federal ClaimsThe next in our Infographics series shows the anatomy of a Protest at the U.S. Court of Federal Claims. Although protests at the Court are not subject to the same timeline as at the GAO, this infographic provides a step-by-step timeline of a typical COFC... ›
The Bayh-Dole ActThe Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government. This infographic provides an overview of the Bayh-Dole Act, the steps that must be followed for contractors/grantees to retain ownership of title to IP,... ›
OFPP Finds What Contractors Have Known: Effective Debriefings Will Lead To Better Proposals And Fewer ProtestsOn January 5, 2017, the Office of Federal Procurement Policy (“OFPP”) released the third memorandum in its “Myth-busting” series. The third memo found that effective debriefings help to prevent protests and that there is clear room for improvement in the ways in which agencies... ›