Tag Archives: bid protest

Protective Legends On Proprietary Data: Use Them Or “Waive” Your Rights Goodbye

On the one hand, federal contractors must always be judicious in what data they mark as “Proprietary” under applicable data rights FAR clauses. If contractors over-designate data as “proprietary”, the Government may be able to disregard those designations. See 48 C.F.R. § 52.227-14(e). On the other hand, data “delivered to the Government without any restrictive markings shall be deemed to have been furnished with unlimited rights.” 48 C.F.R. § 52.227-14(f)(1).  DynCorp International, LLC v. United States, No. 15-1397C (March 7, 2016), a recent U.S. Court of Federal Claims decision, provides a practical example of the perils of not designating certain profit and pricing data as “proprietary.” Continue reading Protective Legends On Proprietary Data: Use Them Or “Waive” Your Rights Goodbye

Properly E-mailed Proposal That Never Made It To The Contracting Officer’s Inbox Found Timely Submitted Under Government Control Exception

Government contractors know to follow the instructions in solicitations, particularly instructions about when and how to timely submit proposals. But, what happens if the contractor follows the solicitation’s instructions to the letter and sends its proposal via e-mail to a government e-mail address but the proposal is rejected by the second in a chain of government servers before reaching the appropriate government e-mail inbox? According to the U.S. Court of Federal Claims (“COFC”) (and coming the opposite conclusion of the U.S. Government Accountability Office (“GAO”) on the same bid protest), the Government Control exception under FAR § 52.215-1(c)(3)(ii)(A)(2) applies and the improperly rejected proposal must be considered timely. Continue reading Properly E-mailed Proposal That Never Made It To The Contracting Officer’s Inbox Found Timely Submitted Under Government Control Exception

Army’s Market Research On Commercial Waste Contractors Is “Garbage” And Solicitation Is “Thrown Out”

Garbage in, garbage out. That was essentially the U.S. Government Accountability Office’s (“GAO”) opinion of the Army’s market research in a commercial items procurement for solid waste management services when sustaining a contractor’s pre-award protest in Red River Waste Solutions, LP, B-411760.2 (Jan. 20, 2016). Continue reading Army’s Market Research On Commercial Waste Contractors Is “Garbage” And Solicitation Is “Thrown Out”