Government Ordered to Redraft Restrictive Specifications

By Paul Emanuelli In its February 2017 decision in Pitney Bowes, Inc., the GAO ordered the redraft of a solicitation document after finding that the government failed to justify the challenged specifications. The case dealt with a Request for Quotations [...]

Comptroller General Overturns Award Due to Conflict

By Paul Emanuelli In its September 2017 determination in Re Transportation Resources Associates Inc., the New York Comptroller General’s Office struck down a contract award after finding that a bidder was improperly permitted to substitute a subcontractor that was in [...]

GAO Orders Investigation of Possible Integrity Act Breach

By Paul Emanuelli In its June 2017 decision in Dell Services Federal Government, Inc., the GAO ordered the government to reconsider a potential Procurement Integrity Act breach. The case dealt with a Request for Quotations for information technology services. A [...]

Injunction Granted Over Allegations of Union Interference

By Paul Emanuelli In its April 2017 decision in United Services, Inc. v. City of Newark, the New Jersey Superior Court granted a temporary injunction against a tendering process for janitorial services. The plaintiff submitted a low bid that was [...]

Contractor Barred Under New Jersey “Pay-to-Play” Law

By Paul Emanuelli In its February 2017 decision in Della Pello Paving, Inc. v. New Jersey, the New Jersey Superior Court of Justice – Appellate Division upheld the debarment of a contractor under the state’s “pay-to-play” law. The case dealt [...]

Court Recognizes Civil Claims Against Bribery Scheme

By Paul Emanuelli In its April 2017 decision in United States of America v. Mercer Transportation Co., Inc., the United States District Court upheld a number of damages claims arising out of a bribery scheme involving government contracts. The case [...]

Re-Evaluation/Re-Bid Ordered in High Score/Low Bid Mix-Up

By Paul Emanuelli In its December 2016 decision in Patriot Solutions, LLC, the GAO ordered the government to re-evaluate or redraft and re-bid a corrugated containers RFP. While the original RFP rules stated that the award would go to the [...]

Past Performance Used as Unfair Competition Barrier

By Paul Emanuelli In its December 2016 decision in Extreme Concepts Inc, the GAO ordered a re-evaluation after deciding that the Army had unfairly evaluated the complainant’s lack of past government experience. As the GAO noted, the relevant federal acquisition [...]

GAO Finds Flawed Cost Analysis in Cost-Plus Contract

By Paul Emanuelli In its December 2016 decision in Target Media Mid Atlantic, Inc., the GAO ruled that the Navy had failed to conduct a proper cost realism analysis in its award of a cost-plus contract. As the GAO noted, [...]

Off-Track Posting Breaches Competition Rules

By Paul Emanuelli In its October 2016 decision in Bluehorse Corporation, the GAO ruled that the Bureau of Indian Affairs failed to properly publicize its diesel fuel RFQ and ordered it to cancel and re-issue its solicitation. The agency maintained [...]