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Protest lessons learned: When to challenge corrective action

August 21, 2015 By Andrew Smith

For Government contractors, it can be a frustrating experience to have your hard-earned contract award sidetracked by a protest – particularly if that protest includes a mandatory performance stay.  More frustrating still is when the agency pulls the award altogether by deciding to take corrective action and re-open the competition.

FY 13 Bid Protest Stats - GAOThis is no time to be passive!  If your contract award is under attack, contractors should get involved and intervene in the protest.  This advice takes on particular importance when corrective action is proposed – the window to challenge a renewed competition closes on the date when revised proposals are due.

Government contractor NVE Inc. learned this lesson the hard way on a recent $70 million janitorial contract for the Navy.  After its initial award was the subject of multiple rounds of protests, the agency made the decision to reopen the competition by engaging in discussions with all offerors.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=420284

See frequently asked questions about bid protests at: http://www.gao.gov/legal/bid-protests/faqs 

Filed Under: Contracting Tips Tagged With: award protest, bid protest, competition, contract protests, corrective action, Court of Federal Claims, GAO, protests, recompete

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