Bid Protest Spotlight: Recertification, Conflicts, Assumptions

By Locke Bell and Markus Speidel (February 9, 2021, 6:14 PM EST) -- This month's bid protest spotlight examines three recent protest decisions, each offering a cautionary tale to offerors in the stages prior to contract award.

HWI Gear Inc. v. U.S. emphasizes the requirement for small businesses undergoing an acquisition to recertify their size status on their pending proposals.[1]

In Perspecta Enterprise Solutions LLC v. U.S., the U.S. Court of Federal Claims warns offerors of the dangers in sitting on allegations that a competitor has an organizational conflict of interest until after award, at which point a protest might be dismissed as untimely.[2]

The U.S. Government Accountability Office's decision in Matter of Innovative Management...

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