As any contractor knows, there is no amount of preparation that can ensure a project goes exactly as planned. And unfortunately, when the unexpected happens, contractors may face increased costs, schedule delays, and other obstacles outside of their control. A request for equitable adjustment (or REA) affords contractors the opportunity to seek compensation or additional time for unforeseen conditions. This post will explore REAs and when to consider using such an approach.
Continue readingAuthor Archives: Annie Birney
GAO Sustain: Failure to Acknowledge Solicitation Amendment was a Material Defect
Preparing and submitting a bid for a federal procurement requires strict compliance with the solicitation’s instructions. When a bidder fails to comply with these instructions (such as failing to acknowledge an amendment to the solicitation), the bidder may be surprised by the agency’s seemingly harsh decision to eliminate the bidder from award. But if the agency ignores the error and proceeds to award the contract to the bidder, the agency’s decision risks protest of the award from other bidders.
In Morrish-Wallace Constr. d/b/a Ryba Marine Constr. Co., B-423796.2 (Feb. 5, 2026), GAO examined whether an awardee’s failure to acknowledge an amendment to the RFQ constituted a minor informality that could be waived.
Continue readingWhy File: A Refresher on Challenging Solicitation Terms in a Pre-Award Protest
It is not uncommon for a disappointed bidder to consider filing a protest only after the agency has issued the award. While this is understandable, sometimes the basis for protesting stems from a misunderstanding of the solicitation’s terms, or that the terms felt unreasonably restrictive. However, unfortunately for the eager protester, it is by that point generally too late to challenge the terms of the solicitation.
In a previous blog, Why File: A GAO Pre-Award Protest, we provided an overview of different reasons to file a pre-award protest. As noted there, the most common basis for a pre-award protest is a challenge to the solicitation terms.
Continue readingWhy File: An Appeal of an 8(a) Program Termination
In a previous blog post, Why File: An Appeal of SBA’s 8(a) Program Denial, we covered the process for appealing SBA’s denial of admission into the 8(a) Business Development Program (AKA 8(a) Program). We discussed what happens when a business is stopped at the door – denied entry altogether in the program. But what happens when a concern already admitted into the 8(a) Program is terminated by SBA? Here, we will touch on the arguably more consequential scenario of an 8(a) Program participant’s termination from the program. Specifically, the termination process, timing considerations, and OHA’s scope of review.
Continue readingGAO Checks the Math: An Agency’s Failure to Document OCI and Best-Value Decision Results in Sustained Protest
In the procurement process, agencies are afforded a significant amount of discretion when selecting an awardee. When an agency’s decision is protested, the Government Accountability Office (GAO) focuses primarily on the reasonableness of the agency’s conclusions. But when an agency fails to show its rationale behind a decision, GAO is unable to conclude that the agency’s decision was reasonable.
In a recent GAO decision, Castro & Company, B-423689 (Comp. Gen. Nov. 13, 2025), GAO sustained a protest on three grounds, all of which involved an agency’s lack of documentation.
Continue readingBack to Basics: Covenant Against Contingent Fees
Federal contractors are generally familiar with the many FAR provisions listed in a solicitation or contract. So, it can be tempting to simply gloss over these pages of the solicitation, absentmindedly checking off the right box or signing off on the required representations without familiarizing yourself with each provision–or the consequences that come if each is violated. But naturally, we don’t recommend a cursory review. And one important FAR provision contractors should definitely familiarize themselves with is the Covenant Against Contingent Fees (FAR 52.203-5)–as the consequences of violating that one can be rather grave.
Continue readingOHA Says: Compliance with SBA Joint Venture Requirements is Determined at the Time of Final Proposal Revisions
Navigating the U.S. Small Business Administration (SBA) regulations can sometimes feel like navigating through a room filled with laser tripwires. One wrong decision or misstep could result in the company’s disqualification. A company might make a decision relying on its understanding of one SBA regulation, unaware of the application of an entirely different SBA regulation. While a miscalculation in complying with the regulations doesn’t trigger the same disasters shown in an action-packed spy movie, the effects can still be costly.
In Primary Health Care, LLC d/b/a Anglin Distinctive Health Care JV, LLC, SBA No. SIZ-6370 (2025), a joint venture’s misapplication of SBA’s timing rules for size determination standards resulted in the company’s ineligibility for award.
Continue reading