, , Government Contracting News & Notes for December 1st

2017 Bid Protest Annual Report

The GAO recently published its 2017 Bid Protest Annual Report to Congress.There were 2,433 protests last year, down 7% as compared to FY2016, with a 17% sustain rate. According to the report, the most common reasons for sustaining a bid protest were:

  1. Unreasonable technical evaluation
  2. Unreasonable past performance evaluation
  3. Unreasonable cost or price evaluation
  4. Inadequate documentation of the record
  5. Flawed selection decision

Justice Gorsuch Talks Government Contract Ambiguities

While some courts defer to administrative agencies when contract ambiguities arise, others apply general contracting principles to decisions regarding these conflicts. Justice Neil Gorsuch recently gave his position, siding with the Federal Circuit courts that defer to contracting principles rather than administrative agencies. The Supreme Court is expected to bring added insight to the conversation soon, making the process for resolving contract ambiguities clearer for government contractors and agencies alike.


Can Controversial Opinions Keep Your Firm from Winning a Government Contract?

In other words, can a contracting officer decide to eliminate a bid because a prominent figure in the company has expressed a controversial opinion on social media or in another public forum? The First Amendment would have you believe otherwise, but there are some situations in which a contractor’s public opinion could prevent him from performing appropriately on the job. For example, a bidder who has publicly expressed anti-immigration sentiments may be considered ineligible if bidding on a contract for English as a Second Language classes. That said, even if there doesn’t appear to be a conflict of interest, contracting officers can come up with any number of legitimate reasons why your firm was passed over – so why give them ammunition? Click here to read more on this topic and see why government contractors are urged to stay neutral on social media.


Do you need help with a bid protest or another aspect of working with the federal government? Contact us today for experienced legal assistance.