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If Your Proposal Makes the Agency Work Too Hard, You Have Only Yourself to Blame If You Don’t Win

If the first rule of proposal writing is “give the agency the information it asks for,” the most important corollary is “make the proposal easy to understand.” In other words, clarity and consistency is key; avoid anything in...more

How Soon Is Soon Enough for Corrective Action to Preclude Recovery of Protest Costs?

Contractors whose protests result in the challenged agency’s taking corrective action may attempt to recover their protest costs, particularly when they feel that the corrective action was unduly delayed....more

Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them

When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency...more

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As...more

Do Not Be Discouraged: Agency Discretion on Corrective Actions Does Have Limits

Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government...more

Your Proposal Says What It Says: The GAO Does Not Engage in Revisionist History

Disappointed offerors sometimes attempt to challenge contract awards by arguing that the agency did not properly take into account a particular aspect of their proposals. As the recent Government Accountability Office (GAO)...more

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