Government Contracts

Most Expensive Contractor Wins Bid Protest; Three Cheaper Competitors were Vague on Subcontractor Use.

Despite being the most expensive of four bidders, a contractor bidding to install fiber optic cable in Jordan wins its bid protest.  This case is a lesson on the use of subcontractors in a small business set-aside contract.  A company must be specific, on the fact of its proposal, as to who in the company is going to really be doing the work.  This is not a time to be vague. In this case, Technical…

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Government Contractors Beware: Federal Court Declares Teaming Agreement Unenforceable

Two government contractors entered into a Teaming Agreement for the purpose of working together towards securing a prime contract from the Federal government.  The companies, Information Experts, Inc. (“IE”) and Cyberlock Consulting, Inc. (“Cyberlock”), successfully put forward a persuasive bid, and the government awarded the prime contract to IE.  Despite the Teaming Agreement, IE refused to use Cyberlock as its subcontractor and went on to perform the contract without it.  Not surprisingly, Cyberlock sued IE

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Likening the Federal Government’s Argument to “Alice in Wonderland,” the Court Sustains a Bid Protest Where the Agency Put an Incorrect Deadline on Its Website

Who says that government contract law is not fun?  While it is not common for a federal judge to cite Lewis Carroll’s, Alice’s Adventures in Wonderland in a bid protest decision, it is not common for the United States to manipulate time and logic like the Mad Hatter. Usually, we use this blog to digest, in plain English, decisions from the Court of Federal Claims.  However, this is an opinion that should truly speak for itself .

Likening the Federal Government’s Argument to “Alice in Wonderland,” the Court Sustains a Bid Protest Where the Agency Put an Incorrect Deadline on Its Website Read More »

Small Business Set-Asides are Themselves “Competitive.”

If the law requires competitive bidding for a government contract, and an agency designates a contract as one for small businesses only, does the removal of large businesses from the contracting pool itself render the solicitation non-competitive?  The Court of Federal Claims says “no.” A bid protest attorney from May Law herein digests, in plain English, the most recent decision from the Court of Federal Claims.  The case is Res-Care, Inc. v. United States, 107 Fed.

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Federal Appeals Court Denies Trademark for the Word “!@#$%^&*()”

It is not often that a federal appellate court will write one of George Carlin’s “Seven Dirty Words” over a dozen times in a published legal opinion — often in all capital letters.  However, in a US Court of Appeals case that is destined to be the inspiration for legal careers of 12-year-old boys everywhere, the Court yesterday said that a business could not trademark the word “!@#$%^&*.”  (See, not even we can get ourselves

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