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1 edition of Protest of FHWA Refusal to Approve State Contract Award, U.S. GAO, March 17, 1995. found in the catalog.

Protest of FHWA Refusal to Approve State Contract Award, U.S. GAO, March 17, 1995.

Protest of FHWA Refusal to Approve State Contract Award, U.S. GAO, March 17, 1995.

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Published .
Written in English


Edition Notes

ContributionsUnited States. General Accounting Office.
ID Numbers
Open LibraryOL15513995M

Filing Pre-Award GAO Protests for Overly Restrictive RFP Requirements. As a CEO, you wonder how you can overcome government RFPs with overly restrictive RFP requirements. Whether intentional or not, government contracting agencies s ometimes post RFP’s that appear to be too restrictive. Your task is to understand how to overcome this type of mistake in a GAO protest. Sometimes the government’s solicitation for commercial items substantially differs from customary commercial industry practices. Companies seeking to bid on federal contracts could struggle with meeting the government’s FAR requirements. This can also create problems for bidders and even lead to a pre-award bid protest.. If the federal government procures under the FAR commercial items. When the U.S. Coast Guard awarded a contract worth more than $1 billion for the construction and delivery of naval vessels, a competitor protested, first at the Government Accountability Office (GAO) and then at the Court of Federal Claims. We defeated both protests and preserved the award. Comments may be submitted by email at [email protected], to the attention of Jonathan L. Kang, Senior Attorney, Government Accountability Office, G Street NW, Washington, DC Related entries– GAO’s guide to winning bid protests (Dec. 28, ) A primer on pre-award protests of federal procurements (Mar. 31, ).

RESTON, Va., J /PRNewswire/ -- Leidos (NYSE: LDOS), a national security, health, and infrastructure solutions company, was awarded a prime contract by the Federal Highway.


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Protest of FHWA Refusal to Approve State Contract Award, U.S. GAO, March 17, 1995. Download PDF EPUB FB2

A firm protested a Federal Highway Administration (FHwA) contract award for a freeway management handbook, contending that FHwA: (1) failed to conduct meaningful discussions with it; and (2) conducted misleading discussions that unnecessarily increased its bid price.

GAO held that: (1) FHwA conducted meaningful discussions with the protester that advised it of bid deficiencies; and (2) the. A firm protested the Federal Highway Administration's (FHwA) contract award for financial advisory services, contending that FHwA: (1) unreasonably downgraded its bid; and (2) failed to consider the potential cost savings in its award determination.

GAO held that FHwA reasonably: (1) downgraded the protester's bid since its proposed staff lacked sufficient experience; and (2) determined that. A firm protested a Department of Transportation (DOT) contract award, contending that DOT: (1) improperly revised its statement of work, after holding discussions, to include portions of the protester's technical proposal; and (2) misled it into believing that it had won the contract.

GAO held that the protester: (1) untimely filed its protest, since it was aware of the basis for protest prior. A firm protested the Veterans Administration's (VA) refusal to award it a contract to supply fencing at a medical center.

The original solicitation specifications required fabrication by riveting for one item, but an amendment to the solicitation specified fabrication by welding.

Beginning inFHWA approved, for its recipients, increases for the uncomplicated definition of up to $10, on a State-by-State basis.

Sincesome agencies have received approval to use a $25, uncomplicated threshold when applying the appraisal waiver provisions of the rule. Concurrent Technologies Corporation (CTC), of Johnstown, Pennsylvania, protests the award of a contract to Advanced Technology International d/b/a SCRA Applied R&D (ATI), of Summerville, South Carolina, under solicitation No.

NR, which was issued by the Department of the Navy, Office of Naval Research (ONR), for services in support of the Navy. 23 CFR Award of contract and concurrence in award (04/01/) Provides the FHWA's regulatory policy regarding the advertising for bids for construction contracts.

(Note: this regulation was last updated on August 2, and does not include revised stewardship, oversight, and applicability requirements resulting from the ISTEA. For all projects, copies of payrolls and statements of wages paid, filed with the State as set forth in the required contract provisions for the project, are to be retained by the SHA for the time period pursuant to 49 CFR part 18 for review as needed by the Federal Highway Administration, the Department of Labor, the General Accounting Office.

After bids are carefully reviewed and all considerations are accounted for, the lowest bid is confirmed and the project is awarded accordingly. This section lists the name of the project followed by the name of the low bidder and the winning bid amount. Fiscal years run from October 1.

The Federal Government Contracts & Procurement Blog. Home» GAO Protest Primer: Effective Use of Pre-Award Protests GAO Protest Primer: Effective Use of Pre-Award Protests. By Nicholas T. Solosky on Novem The protest concerns an RFP issued by the U.S. Department of Agriculture for large air tanker services for wild land firefighting.

Introduction Protesting and disputing government contract awards can appear intimidating at first glance. If you are a business that either has a contract with the state or federal government, a state or federal agency, or a municipality, or has pursued obtaining a government contract with any of those entities, you have probably been involved in a public bidding (or government procurement.

If the agency receives the protest 10 days after the award of the contract, the contract performance will be halted until the protest is resolved. If you cannot resolve your protest with the contracting agency, you can file the protest with the U.S. General Accountability Office (GAO).

If award has been made, and if the protest has been filed and notice thereof received from the GAO within 10 days of the date of award or within five days after any debriefing that is requested and, when requested, is required, whichever is later, the agency is to direct the awardee to cease performance so long as the protest is pending (31 U.S.

usace acquisition instruction (uai) table of contents 1 18 march part 1 – federal acquisition regulation system subpart – purpose, authority, issuance. New Agencies that issue orders under multiple‑award IDIQ contracts must provide all contract holders a “fair opportunity to be considered” for the issuance of all orders in excess of $3, 10 U.S.C.

§ c(b); FAR § (b)(1). In addition, all orders over the simplified acquisition threshold “shall be placed on a competitive basis,” following the procedures set forth in FAR. Weber Cafeteria Servs., Inc., B, JCPD 99 at 4.

Our review of the record confirms that the SSA identified discriminators between the proposals and justified the agency’s decision to award the contract to DCG. GAO’s recent decision in HP Enterprise Services, LLC illustrates the challenges resulting from the recent changes to GAO’s task order protest also provides a useful overview of the current scope of GAO’s jurisdiction over such protests.

HP Enterprise Services, LLC—Reconsideration, B (Janu ). Here is a bit of background on the recent jurisdictional. Summary of Contracts Awarded are yearly summaries of item and unit prices. Each item is summarized by the average bid and award price.

If you need more detailed information, please visit the bid. According to GAO’s Bid Protest Overview, GAO closed 2, bid protest cases inissuing a decision in cases, or approximately 23% of the closed cases.

Of those cases that go to a decision, GAO sustained protests, or approximately % of the decisions. Per 31 U.S.C.funds available for obligation for a contract at the time a protest is filed in connection with a solicitation for, proposed award of, or award of a contract, remain available for obligation for one hundred () calendar days, unless otherwise specified, after the date on which the final ruling is made on the protest.

An interested party is defined as: “an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.” 4 C.F.R.

§ (a)(1). The entire protest process takes days from the filing of the protest to the conclusion. The remedies can be. Multiple Award Contracts. In order to maintain competition the code and regulations establish a preference for multiple awards under a single ID/IQ contract: to the maximum extent practicable the government shall issue awards of ID/IQ contracts under a single solicitation to two or more contractors for the same supplies or services.

FAR (c). PROTEST AND APPEALS OF CONTRACTS AND AWARDS Content of Formal Protest and Appeal Letter Any participating bidder may file a protest of a contract award or proposed contract award.

The protest or appeal must be in writing and contain at least the following information: 1. The name, address and telephone number of the protester; 2. Subpart - Contract Work Hours and Safety Standards Act: Subpart - Labor Standards for Contracts Involving Construction: Subpart - Use of Project Labor Agreements for Federal Construction Projects: Subpart - Contracts For Materials, Supplies, Articles, and Equipment Exceeding $15, Subpart - [Reserved].

Defending Against a GAO Bid Protest: Protecting Your Contract Award By: Daniel J. Strouse, Esq. and Matthew R. Keller, Esq.1 Most government contractors know they can protest a contract award to another competitor at the Government Accountability Office (“GAO”). But, contractors may not know that as the awardee, they can intervene in a GAO File Size: KB.

Contract Provisions for Federal-aid Construction and Service Contracts Required by FHWA or Other Agencies. FHWA National Review of State Cost Estimation Practice .pdf, 1 mb) Construction Program Guide - Selected Contract Administration Topics.

(Provides applicable statutes, regulations, policy memos, guidance and other related information). Sheppard Mullin is a full-service Global firm with more than attorneys in 15 offices located in the United States, Europe and Asia.

Sinceindustry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters. U.S. Department of Transportation Federal Highway Administration New Jersey Avenue, SE Washington, DC for bringing a federal bid protest at the GAO.

2 “An interested party wishing to protest [a federal govern - ment procurement] is encouraged to seek resolution within the agency (see [FAR] ) before!ling a protest with the GAO, but may protest to the GAO in accordance with GAO regulations (4 CFR part 21).” 3 The procedures for GAO pro -File Size: KB.

Established by the Budget and Accounting Act of (31 U.S.C. §§et seq.) the GAO audits government agencies. The GAO is an independent agency within the Legislative Branch. Bowsher v.

Synar, U.S.(U.S. The GAO also performs and important bid protest. Engine and Equipment Company, Inc. (EEC) Protests the solicitation of proposals and award of a contract_3 under request for proposals (RFP) No. FR, WE a total small business set-aside issued by the Department of the Air Force3for gasoline and diesel engine overhaul services at the San Anto io Air Logistics Center, KellyFile Size: KB.

FAR (a): All parties who have reasonable prospect to receive contract award if protest is denied will be notified immediately after receipt of GAO's written notice that a protest has been files. The CO will have to immediately start compiling information necessary to report to the GAO within days.

In a decision issued on JMatter of Panacea Consulting, Inc., the GAO ruled that protest costs should be awarded to the protester because the GAO attorney had indicated, during an Alternative Dispute Resolution proceeding, that the protest would be sustained if a GAO decision was protester alleged that the agency improperly gave disproportionate weight to price versus.

U.S. Department of Transportation Federal Highway Administration New Jersey Avenue, SE Washington, DC   But as shown by GAO’s recent decision in GovSmart, Inc. – Protest and Costs, B et al., Apr. 19,CPD __, an agency-level protest of a proposed purchase order or other time-sensitive contract may ultimately preclude an offeror from obtaining meaningful relief in a subsequent GAO protest of that same procurement.

2, bid protests were filed with GAO while only 98 bid protests were decided by COFC. procedures regarding the content of their responses In keeping with the reasonableness chance of award (Dixon Group, B Dixon Group March ).

17 Marine Group Boat Works, LLC B/.2 January   The Government Contracts team recently represented Ed Medical, Inc., a Tennessee-based full service home medical supply provider, in a successful bid protest at the U.S.

Government Accountability Office (GAO). For the past 11 years, Ed Medical has been providing home oxygen services for the Veterans Administration (VA). On July 5, the Council issued an interim rule addressing GAO’s jurisdiction to hear defense and civilian agency protests against award of task or delivery orders in light of FY National Defense Authorization Act provision extending GAO’s jurisdiction to hear protests against the award of task orders by DoD or NASA to September The U.S.

Government Accountability Office on Wednesday awarded Marine Design Dynamics Inc. a portion of its costs from a successful bid protest on a contract for upgrades to an aging U.S.

Navy : Lance Duroni. I suspect that what you mean is that an offeror has proposed capping itsyou can do it. See FAR Its not unusual. However, there is no standard contract clause. Youll have to write one.

The clause should begin with something like:. Contracts; Consultant Services; ContractsList Currently selected All Site Content. The Ohio Department of Transportation, West Broad Street, Columbus Ohio Mike DeWine, Governor | Jack.

The U.S. Government Accountability Office, which arbitrates contract disputes, last week denied SAIC’s protest of the decision, said Ralph White, the GAO. By Keith R. Szeliga, Marko W. Kipa and Jessica M. Madon. The Government Accountability Office (“GAO”) is authorized to hear pre-award and post-award bid protest cases.

While protests often focus on post-award challenges to an agency’s evaluation, there are many meritorious protest grounds that must be raised, if at all, prior to the closing date for receipt for proposals.