Federal Construction Contracting Blog

Federal Construction Contracting Blog

Legal Information and Resources for Federal Construction Contractors

Tag Archives: Negotiated Procurement

Deciding Whether to File a GAO Bid Protest

Posted in Bid Protests, Federal Procurement Policy
The Government Accountability Office (“GAO”) issues statistics each year regarding the outcome of bid protests.  In 2015, there were 2,639 cases filed and there we 587 decisions on the merits.  Of those, only 68 protests were sustained.  According to the way the GAO presents its statistics, that would indicate that protestors prevailed approximately 12% of… Continue Reading

Protester Wins Because the Government's Best-Value Analysis was Irrational

Posted in Procurement Information
By: Michael H. Payne A protest that challenges the source selection decision on a negotiated, best value, procurement is not easy to win. Numerous decisions of the GAO and the United States Court of Federal Claims have held that procurement officials are entitled to substantial deference. In a recent decision by the Court of Federal… Continue Reading

Terminology Differences Between a "Bidder" and an "Offeror"

Posted in Contracting by Negotiation, Procurement Information, Sealed Bidding
By: Michael H. Payne Government contractors frequently use incorrect terminology to describe a solicitation. For example, clients often call me and ask why they were not awarded a contract even though they had submitted the lowest bid. The first thing that I ask is whether the solicitation was a Request for Proposals ("RFP"), or an… Continue Reading

Recent GAO Decisions Highlight the Importance of Meaningful Discussions with Offerors During the Negotiated Procurement Process

Posted in Contracting by Negotiation
By: Michael H. Payne & Elise M. Carlin Each year, a significant number of bid protests filed at the GAO are the result of inadequate discussions. Recently, the GAO released two decisions which reiterated the importance of holding meaningful discussions that do not mislead offerors during negotiated procurements. The purpose of holding discussions in negotiated procurements… Continue Reading

The Tradeoff Process in Best Value Procurement

Posted in Contracting by Negotiation
By: Michael H. Payne It is not uncommon, in best value negotiated procurements, for a solicitation to announce that the technical evaluation factors, collectively, are more important than price.  Construction contractors, of course, still remember the days of sealed bidding where the lowest bidder received the award and they are not very receptive to hearing… Continue Reading

A Postaward Debriefing is Important

Posted in Contracting by Negotiation
By: Michael H. Payne In a negotiated procurement, where a contractor submits a proposal in response to an RFP (Request for Proposals), FAR 15.506(a)(1) states that “An offeror, upon its written request received by the agency within 3 days after the date on which that offeror has received notification of contract award in accordance with… Continue Reading