Wednesday, December 2, 2020

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Two-Minute Warning – Discussions Can Yield Fruitful Protest Grounds

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: If you identify protest grounds during discussions, you cannot wait until after award to file. Read the decisions here: Protester Learned of Grounds for Protest During Discussions, Not Debriefing; GAO B-415546, Umicore Optical Materials USA Inc. […]
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Two-Minute Warning – When Mom Says No, You Can’t Ask Dad

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: In some situations, a protest or claim taken before a court or board of contract appeals cannot be reheard elsewhere. Read the decisions here: GAO Will Not Consider Protest Grounds Already Rejected by COFC; GAO B-415747, Veterans […]
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Two-Minute Warning – Don’t Let a JV Majority Member Hog Your Proposal

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: When submitting a proposal as a joint venture, offerors should carefully consider if certain information is required for every JV member. Read the decision here: Documentation of Majority Owners’ Cost Accounting System Inadequate to Satisfy Solicitation […]
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Two-Minute Warning – GAO Unlikely to Address Responsibility Determinations

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: It is very difficult to convince GAO to disturb a responsibility determination. Read the decisions here: SBA’s Responsibility Determination Trumps Protester’s Challenge; GAO B-415562.2, Dextera Corporation and Protester’s Allegations Do Not Reach Threshold for GAO to Consider Agency’s […]
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Two-Minute Warning – Agencies May Evaluate More Proposals Than Needed for LPTA

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: There is no rule...

Barbarians at the Gates: The Rise of Aggressive Commercial Litigation Tactics in Bid Protests

The PubKast - In this episode, Pub K's Senior Editor, Craig LaChance, speaks with bid protest specialist Jon Frankel of Frankel PLLC. They talk about...

Two-Minute Warning – It Doesn’t Always Pay to Propose More Than the Agency Asks...

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: An agency is not required to recalculate an offeror’s price when the offeror proposes higher line item quantities than called for in the solicitation. Read the decision here: Agency Not Obligated to Recalculate Protester’s Total Price […]
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Two-Minute Warning – Response to Discussions Must Be Thorough

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: Before you submit your final revised proposal, make sure you have addressed all the areas covered by discussions. Read the decision here: Protester Failure to Correct Proposal to Address Deficiency Not a Result of Weak Discussions; GAO […]
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Two-Minute Warning – Don’t Upscale Your Proposal Out of Consideration

PubKLaw’s Two-Minute Warning Podcast offers a quick look on a key takeaway from a recent bid protest case. Today’s warning: When adding value to a project, remember that your proposal still must meet the agency’s requirements. Read the decision here: Protester Attempts to Add Value to Agency Project but Fails to Meet Requirement; GAO B-415589, Murphy […]
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Chillin’ in a “Ready State”: Section 3610 of the CARES ACT

n this episode of The PubKast we review Section 3610 of the recently enacted Coronavirus Aid, Relief and Economic Security Act (the CARES Act)....