Home Page Icon
Home Page
Table of Contents for
Key Case Law Rules for Government Contract Formation
Close
Key Case Law Rules for Government Contract Formation
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
1. Lack of Advance Planning
2. Improper or Unsupported Use of an Exception to Competition
A. Exception 1: Only One Responsible Source
B. Exception 2: Unusual and Compelling Urgency
C. Exception 3: Industrial Mobilization
D. Exception 4: International Agreement
E. Exception 5: Authorized or Required by Statute
F. Exception 6: National Security
G. Exception 7: Public Interest
3. Contract Was Modified Beyond the Scope
4. Reprocurement Contract Did Not Seek Competition
Chapter 2. Protest Grounds Based on the Government’s Description of the Requirement
1. Ambiguities in the Solicitation: Patent and Latent
2. Improper Use of “Brand Name or Equal” Descriptions
3. Defective or Inadequate Specifications
4. Unduly Restrictive Specifications
5. Changed Requirements and Solicitation Amendments
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
1. Clarifications
2. Discussions
Chapter 5. Protest Grounds Based on Pricing Issues
1. Buying-in or Below-Cost Prices
2. Price or Cost Evaluation
3. Price Reasonableness and Price Realism
Chapter 6. Protest Grounds Based on Small Business Issues
1. Bundling and Consolidation
2. Limitations on Subcontracting
3. HUBZone Contracting Procedures
4. Certificate of Competency
5. SBA’s 8(a) Program
6. Small Business Set-Aside Decision
7. Small Business Status Determination
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
1. Bid Guarantees
2. Evaluations of Options in Invitations for Bids
3. Cancellation of an Invitation for Bids
4. Mistakes in Bids
5. Responsiveness to an IFB
Chapter 9. Protest Grounds Based on the Unique Type of Contract or Contracting Procedures
1. Federal Supply Schedule Contracting
A. Alleged Unreasonable Government Evaluation of FSS Offers
B. Allegations of Off-Schedule Purchases
C. Allegations That the Agency Improperly Limited Competition
D. Allegedly Improper Responsibility Determination
2. Blanket Purchase Agreements Off Federal Supply Schedules
3. Indefinite Delivery/Indefinite Quantity Contracts
A. Propriety of Using ID/IQ Contracts for Construction
B. Guaranteed Minimum
C. Multiple-Award Preference
D. Protestability of Task Orders
4. Simplified Acquisition Procedures
A. All-or-None or Multiple Awards
B. Blanket Purchase Agreements
C. Evaluation of Quotations or Offers
D. Promoting Competition
E. Scope of FAR Part 13
F. Synopsis and Posting Requirements
G. Test for Certain Commercial Items
Chapter 10. Protest Grounds Based on Alleged Statutory Violations (Besides CICA)
1. Buy American Act
2. Javits-Wagner-O’Day Act
3. Procurement Integrity Act
4. Randolph-Sheppard Act
Index of Representative Cases
Search in book...
Toggle Font Controls
Playlists
Add To
Create new playlist
Name your new playlist
Playlist description (optional)
Cancel
Create playlist
Sign In
Email address
Password
Forgot Password?
Create account
Login
or
Continue with Facebook
Continue with Google
Sign Up
Full Name
Email address
Confirm Email Address
Password
Login
Create account
or
Continue with Facebook
Continue with Google
Prev
Previous Chapter
Key Case Law Rules for Government Contract Formation
Next
Next Chapter
Key Case Law Rules for Government Contract Formation
To my wonderful family: My wife Suzanne and my sons Sam and Ben.
Add Highlight
No Comment
..................Content has been hidden....................
You can't read the all page of ebook, please click
here
login for view all page.
Day Mode
Cloud Mode
Night Mode
Reset