Price Realism as the Basis for a Protest Understanding Price Realism The term “price realism” is used to describe the analysis the government engages in to determine whether an offeror’s price is “too low.” Even in cases where the standard is “Lowest Price Technically Acceptable,” (LPTA) or Fixed Price, an extremely low price raises concerns.
Matter of Vertical Jobs, Inc.
Matter of Vertical Jobs, Inc. Agency: Department of Homeland Security Disposition: Protest Denied Decided: April 19, 2018 General Counsel P.C. Highlight: Technical ratings are relevant when evaluating protests. When another bidder has equal ratings and a lower price, a protester must establish that their own bid was improperly evaluated, in order to have standing to
Matter of Savannah Cleaning Systems, Inc.
Matter of Savannah Cleaning Systems, Inc. Agency: Department of the Navy Disposition: Request for Modification Denied Decided: April 23, 2018 General Counsel P.C. Highlight: The remedy for a decision sustaining a protest varies depending on the circumstances. Summary of Facts Leading to Request for Modification In March of 2018, Savannah Cleaning Systems, Inc. (Savannah)successfully protestedthe
Matter of Alliant Solutions, LLC
Matter of Alliant Solutions, LLC Agency: General Services Administration Disposition: Protest Sustained Decided: May 14, 2018 Released: May 24, 2018 Keywords: Task Orders, Contract Modifications General Counsel P.C. Highlight: A contract modification via a technical direction letter may not include tasks beyond the scope of a task order. Summary of Facts Alliant Solutions, LLC (Alliant)
Matter of Dynaxys LLC
Matter of Dynaxys LLC Agency: Department of Housing and Urban Development Disposition: Protest Sustained In Part Decided: April 18, 2018 Released: May 4, 2018 Keywords: Best Value, Evaluations, General Counsel P.C. Highlight: Evaluation of proposals should be carefully reviewed to determine if strengths awarded are justified. When an agency does not evaluate approaches equally, there may
New Procedure For Submitting Bid Protests Coming in May 2018
New Procedure For Submitting Bid Protests Coming in May 2018 The Government Accountability Office (“GAO”) recently announced its plan to launch its web-based electronic bid protest filing and dissemination system (“EPDS”). EPDS is a secure web portal where contractors will be required to submit all bid protests beginning May 1, 2018. GAO says the new
In the Matter of: Scope Infotech, Inc.
In the Matter of: Scope Infotech, Inc. Agency: Department of Health and Human Services, Centers for Medicare and Medicaid Services Disposition:Protest Sustained in Part, Denied in Part Keywords: FSS contract, Cost Realism Decided:March 22, 2018 Published: March 27, 2018 General Counsel P.C. Highlight: When purchasing items off the Federal Supply Schedule (FSS), items included in the task
Matter of: ORBIS Sibro, Inc.
Matter of: ORBIS Sibro, Inc. Agency: Department of the Navy Disposition:Protest Sustained in Part, Denied in Part Keywords: Cost Realism, Cost Evaluation Decided:February 26, 2018 Published: March 15, 2018 General Counsel P.C. Highlight: A cost realism analysis may properly include adjusting labor rates to make them consistent with proposed labor categories. It may not, however, adjust costs to
Matter of: Castro & Company, LLC
Matter of: Castro & Company, LLC Agency: Department of Homeland Security, Transportation Security Administration Disposition: Protest Sustained Keywords: Revision of Proposal, Material Solicitation Amendment Decided: February 13, 2018 General Counsel P.C. Highlight: Agencies may not limit offerors to a single area of revision where related areas of an offeror’s quotation are materially impacted. Summary of
Top 3 Technical Evaluation Factors that Lead to a Bid Protest and How to Avoid Them
You put in the hard work. You burned the midnight oil. You made certain that you met the requirements of the solicitation. You tracked down those resumes. You crunched the numbers, and submitted your proposal. You celebrate with your business partners when you win the award and hold your breath. And then, it happens. You