Govconlaw Blog
Technical Acceptability + Past Performance + Price ≠ LPTA
By: Peck Law
Published Date: November 26, 2019
Section 813(a) of the National Defense Authorization Act created a policy against using lowest priced technically acceptable (LPTA) source selection process in circumstances that would deny the Department of Defense (DoD) the benefits of a cost and technical tradeoff. Under the LPTA source selection process, award is made to the offeror who submits the lowest-price as long as the offeror’s [...] Read More
The Odds of Winning a Bid Protest: GAO Releases Its Annual Report
By: Peck Law
Published Date: November 18, 2019
Contractors who are thinking about filing a bid protest generally have one overriding question: What are the odds that I’ll win my protest? Of course, the odds of winning will depend upon a number of factors, including the basis for the protest and the facts that support the protest. Recently, the Government Accountability Office (GAO) released its annual report to [...] Read More
Ninety Seconds Late is Not a Minor Infraction
By: Peck Law
Published Date: October 7, 2019
Written by Lori Ann Lange and Sabah Petrov* Offerors submitting bids, proposals, and quotes on government solicitations must submit their bids, proposals, and quotes by the required due date and time – and not one second later – as demonstrated by a recent Court of Federal Claims (“COFC”) decision. Criterion Sys., Inc. v. United States, No. 19-593 C, (Fed. Cl. [...] Read More
In Rare Case Court Holds Government Termination for Default was in Bad Faith
By: Peck Law
Published Date: October 2, 2019
All government contracts give the Federal Government the right to terminate a contract for default if the contractor fails to perform. If the contractor’s failure to perform is excusable or the termination for default was improper, the termination usually is converted into a termination for the Government’s convenience and is not considered a breach of contract. The contractor only can [...] Read More
Court of Federal Claims Emphasizes Importance of Evidence to Show Standing in Bid Protest Claims
By: Peck Law
Published Date: September 23, 2019
Though present in virtually every case, the doctrine of standing becomes especially pronounced in bid protest actions. Standing is the legal concept that a cause of action can only be brought by a party that has a stake in the outcome or has been harmed. For bid protests, the Tucker Act only grants the Court of Federal Claims jurisdiction “to [...] Read More
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