In the world of bid protests, GAO gets some of the spotlight because there are so many protests filed there. COFC seems to get plenty of attention because of the complexity and scope of its decisions. The Office of Dispute Resolution for Acquisition (ODRA)? Well, not so much. ODRA is a bit like the forgotten child of the bid protest family—rarely the first name that comes to mind, but very important when it comes to protesting a Federal Aviation Administration (FAA) acquisition. While they are fewer in number, it’s important for any contractor working with the FAA to know this protest option, either to pursue it as a protester or if its award gets protested. This blog post puts ODRA into the spotlight for a change and showcases the process for protesting an FAA acquisition.
Continue readingAuthor Archives: Jordan Akins
Let’s Clarify and Discuss: GAO Explains the Difference Between Clarifications and Discussions
When do an agency’s communications with an offeror amount to a clarification, and when do they cross the line into a discussion? That’s exactly what this post will discuss and, hopefully, clarify for you. Understanding the distinction between clarifications and discussions is important because the type of communication an agency has with an offeror can affect an offeror’s ability to address issues or make changes to their proposal. A recent GAO decision explores the difference between clarifications and discussions and offers insight into when each type of communication may be appropriate.
Continue readingIt Wasn’t a Catch-22: GAO Finds the File Naming Conventions Were Clearly Stated in the Solicitation
A catch-22 is an impossible, no-win situation where you are caught between two conflicting requirements, and complying with one makes it impossible to comply with the other. When a bid protest turns on whether an agency’s instructions were clear or whether a contractor was put in a catch-22, the solicitation is often the best place to look for the answer. However, a recent GAO decision illustrates that not every difficult or unfavorable outcome constitutes a catch-22, and that sometimes the answer to a contractor’s problems is right in front of them.
Continue readingCracking The NAICS Code: Ambulatory Health Care Services or Office Administrative Services?
You know what they say: if the shoe fits, wear it. When it comes to North American Industry Classification System (NAICS) codes, finding the right fit can be just as important. Have you ever thought to yourself that a designated NAICS code didn’t really match up with the solicitation, or that something just seemed off? The NAICS Code appeal is the means of getting that addressed. A recent OHA decision is a good reminder of this, involving a debate of the NAICS code and requiring OHA to evaluate whether the primary purpose of the work was to perform ambulatory health care services or office administrative services. We explore that decision here.
Continue readingWhen Today Becomes the Next Business Day: GAO’s Strict Rules for the Timely Submission of Bid Protests to Solicitation Terms
What time does the day end? Most people would answer that a day ends at midnight. However, a recent GAO decision highlights that, for purposes of filing a pre-award bid protest with the GAO, the business day ends at 5:30 p.m. ET when the GAO closes its doors for the day. Confusingly, this can result in a protest that was technically filed on a Friday after 5:30 p.m. ET, not actually being filed until Monday, the next business day. A recent GAO decision explores this phenomenon and clarifies filing deadlines for pre-award bid protests challenging solicitation terms, especially in the case where an offer deadline is after GAO’s close of business.
Continue reading“I Could Have Competed” Won’t Cut It: COFC Requires Showing Contractor Could Perform Work if it Wants to Protest Solicitation Terms
You have your eye on a solicitation. You know the work, you know the customer, and you are certain that you would be a front-runner for the award. Then, you learn that the agency is limiting competition for the procurement, and you can no longer compete for the contract. Immediately, you think that the agency must have made a mistake. After all, you were fully prepared to submit a proposal and perform the work. But is believing you could have competed for the contract and won the award enough to satisfy the requirements for filing a bid protest? A recent COFC decision answers this question.
Continue readingTiming is Everything: The Key to Timely SDVOSB Status Protests
When filing a Service-Disabled Veteran Owned Business (SDVOSB) status protest, timing is critical. A single missed deadline may be the difference between a successful protest and a protest that is never heard. Missing established filing deadlines can result in your protest being dismissed, regardless of how compelling your arguments are. The Small Business Administration (SBA) will enforce these timing rules strictly. In particular, can a contractor ask the agency to simply investigate a company for SDVOSB compliance? And does such a request need to meet the timing requirements? A recent OHA decision answers these questions.
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