Contents
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
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
1. Agency’s Commercial Item Determination
2. Responsibility Determinations
3. Negotiated Procurements: Tradeoff Process
5. Evaluation in Strict Accordance with the Solicitation
7. Relative Importance of Factors and Subfactors in a Solicitation
B. Subground 1: Improper Evaluation of Relevance of Past Work
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”
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
1. Buying-in or Below-Cost Prices
3. Price Reasonableness and Price Realism
Chapter 6. Protest Grounds Based on Small Business Issues
2. Limitations on Subcontracting
3. HUBZone Contracting Procedures
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
2. Evaluations of Options in Invitations for Bids
3. Cancellation of an Invitation for Bids
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
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
F. Synopsis and Posting Requirements
G. Test for Certain Commercial Items
Chapter 10. Protest Grounds Based on Alleged Statutory Violations (Besides CICA)