Bid Protest Challenging Agency’s Evaluation of Protestor’s Criteria Is Denied When Evaluations Are Reasonable and Consistent with the Solicitation
On February 24, 2020, the GAO denied the bid protest of 22nd Century Technologies, Inc., which challenged the issuance of a task order to KCI-Acuity, LLC by the Department of State (DOS) on the grounds that DOS unreasonably evaluated the vendors’ quotations under the management and technical, price, and similar experience and past performance...
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DoD, GSA, and NASA to Issue Final Rule Conforming FAR to 2013 SBA Rule Regarding Multiple-Award Contracts and Small Businesses
DoD, GSA, and NASA are issuing a final rule, effective March 30, 2020, that will amend the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA). That SBA rule, made pursuant to section 1331 of the Small Business Jobs Act of 2010, provides for partial set-asides and reserves,...
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What the Federal Tort Claims Act (FTCA) Means for Federal Employees
The Federal Tort Claims Act (FTCA) provides a limited waiver of sovereign immunity for claims against the United States for money damages for injury or loss of property caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his or her office or...
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SBA’s Office of Hearings And Appeals (OHA) Confirms: Affiliation Rules Are Not A Basis To Protest SDVOSB Status Notwithstanding New SBA Rules
On November 3, 2018, Alpha4 Solutions LLC (Protester) protested the Service-Disabled Veteran-Owned Small Business (SDVOSB) status of Veterans Medical Transcription Services, Inc. (VMTS) in connection with a U.S. Department of Veterans Affairs (VA) Request for Quotations. CVE Protest of Alpha4 Solutions LLC d/b/a Alpha Transcription, SBA No. CVE-103-P (2019). Protester contended that VMTS is...
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Is My Unregistered Mark Protected Under the Lanham Act?
While registering a mark with the U.S. Patent and Trademark Office is prima facie evidence of a valid and enforceable mark (and certainly recommended), registration is not required to garner trademark protection. Generally, to demonstrate trademark infringement, a plaintiff must show both (1) that it owns a valid and enforceable mark, and (2) that the use...
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Two Recent GAO Decisions Demonstrate the Importance of Knowing How an Agency Plans to Evaluate the Past Performance and Experience of the Contracting Team
GAO recently published two bid protest decisions that address the issue of when contractors may rely on the past performance or experience of a contractor’s teaming partners, and how agencies can restrict that reliance. These two decisions demonstrate the importance of thoroughly reviewing solicitations to see how an agency plans to evaluate past performance...
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