Category Archives: Bid Protest

In Florida Bid Protests, Courts Don’t Second Guess the Government – Except When They Do

The key to winning a Florida bid protest is to point out a specific, objective flaw that occurred during the evaluation of bids or proposals. Once in a while, however, the government’s award decision is so unreasonable that courts will overturn them for “getting it wrong.” CONTINUE READING...

Don’t Like Your Scores? There’s a Protest for That – Although Everyone’s Missed It!

Clients and potential clients frequently come to us and complain about the low scores they’ve gotten from a Florida state agency (or the high scores their competitors got) that caused them to lose out on valuable contracts. Scoring issues, which are highly subjective, are the most difficult to prevail on in a bid protest. The key to a successful protest is demonstrating a concrete and specific flaw in the procurement protest that occurred as a matter of historical fact. CONTINUE READING...

Get Your Foot In The Door: Why Federal Contractors Should Protest

In the federal arena firms do not have a right to their competitors’ proposals or the agency’s evaluation documents, making it difficult to know whether or not an award to a competitor was proper. However, as Andrew Schwartz explains, it is possible to prevail in a bid protest with only information learned after the protest itself has been filed. CONTINUE READING...

Take Your Shot – Florida Firms Should File Protests When Agencies Deviate from Material RFP Requirements

If you ever find yourself in a Florida procurement where your competitor won the contract even though its proposal fails to meet a specific RFP criteria, you should probably take your shot and file a protest. CONTINUE READING...

Part 3 of 3: What You Need to Know about Filing a GAO Protest before It’s Too Late

In this final post on the timeliness requirements of filing bid protests before the GAO, we’ll examine the timeliness requirements in filing protests that include “comments” and “supplemental protests.” CONTINUE READING...

Part 2 of 3: What You Need to Know about Filing a GAO Protest before It’s Too Late

In continuing last week’s post on the timeliness requirements of filing bid protests before the GAO, today we’ll cover the difference between the deadline for filing a bid protest and the deadline for obtaining an automatic stay of a contract to a competitor. CONTINUE READING...

What You Need to Know about Filing a GAO Protest before It’s Too Late

Andrew Schwartz examines the U.S. Government Accountability Office (GAO)'s deadline requirements for a contractor submitting a challenge to the terms of an agency's solicitation in a procurement. CONTINUE READING...

Victory for Vets: Supreme Court Rules in Favor of Veteran-owned Small Businesses

The U.S. Supreme Court recently ruled in favor of veteran-owned small businesses (VOSBs), holding that the federal government must award VOSB’s contracts when there is a reasonable expectation that two or more will bid at fair and reasonable prices. CONTINUE READING...