THE KEY CASE LAW RULES BROKEN DOWN BY PROTEST GROUND
by Patrick Butler
Key Case Law Rules for Government Contract Formation
- Preface
- Acknowledgments
- Acronyms
- INTRODUCTION: The Protest Forums and the Process
- THE KEY CASE LAW RULES BROKEN DOWN BY PROTEST GROUND
- Chapter 1. Protest Grounds Alleging That the Government Is Wrongfully Preventing Competition
- Chapter 2. Protest Grounds Based on the Government’s Description of the Requirement
- Chapter 3. Protest Grounds Challenging the Government’s Exercise of Discretion or the Government’s Conduct of the Competition
- 1. Agency’s Commercial Item Determination
- 2. Responsibility Determinations
- 3. Negotiated Procurements: Tradeoff Process
- 4. Competitive Range
- 5. Evaluation in Strict Accordance with the Solicitation
- 6. Evaluation Team
- 7. Relative Importance of Factors and Subfactors in a Solicitation
- 8. Past Performance
- A. Past Performance Generally
- B. Subground 1: Improper Evaluation of Relevance of Past Work
- C. Subground 2: Improper Evaluation of Key Personnel, Predecessor Companies, Subcontractors, or Teams
- D. Subground 3: Neutral Ratings for Lack of Past Performance
- E. Subground 4: Improper Evaluation of Adverse Information
- F. Subground 5: Disparate Treatment
- G. Subground 6: Government Did Not Seek Enough Information
- H. Subground 7: Ignoring Information That Is “Too Close at Hand”
- 9. Proposals Submitted Late
- 10. Material Misrepresentation: Bait and Switch
- 11. Unacceptable or Noncompliant Proposals
- 12. Preference for Sealed Bidding over Negotiated Procurements
- Chapter 4. Protest Grounds Based on the Communications Between the Government and Offerors
- Chapter 5. Protest Grounds Based on Pricing Issues
- Chapter 6. Protest Grounds Based on Small Business Issues
- Chapter 7. Protest Grounds Alleging Unfair Government Conduct
- 1. Availability of Solicitations
- 2. Organizational and Consultant Conflicts of Interest
- 3. Offeror’s Responsibility to Obtain Solicitation Documents
- 4. Standards of Conduct: Government Independence and Alleged Bias
- 5. Submission of Proposals: Complying with the Terms of the Solicitation
- 6. Cancellation of a Solicitation
- Chapter 8. Protest Grounds Based on Sealed Bidding Procedures
- Chapter 9. Protest Grounds Based on the Unique Type of Contract or Contracting Procedures
- Chapter 10. Protest Grounds Based on Alleged Statutory Violations (Besides CICA)
- Index of Representative Cases
-
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