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GAO’s Refusal to Apply the Christian Doctrine to Solicitations May Reflect a Split with the U.S. Court of Federal Claims

By on February 5, 2016 | Posted in Bid Protests

In 1963, the U.S. Court of Claims established a rule known as the “Christian Doctrine,” which provides that certain mandatory contract clauses are incorporated, by law, into an otherwise validly awarded contract, even if the contracting agency accidentally omits that clause from the solicitation.  Over the past 60 years, the “Christian Doctrine,” has […]

GAO Rejects Challenge to NASA’s Space Shuttle Services Contracts with Boeing and SpaceX

  Back in September 2014, NASA awarded contracts to Boeing and SpaceX to provide Commercial Crew Transportation Capability (aka space shuttle services) to transport astronauts to/from the International Space Station by 2017.  Subsequently, Sierra Nevada, who submitted a proposal but was not awarded a contract, filed a protest at GAO challenging the […]

How the AbilityOne Program Provides Federal Contracting Jobs to Individuals with Disabilities

By on January 7, 2015 | Posted in Procurement Issues

The National Industrial Recovery Act, part of the New Deal policies in 1934, allowed businesses employing individuals with disabilities to pay less than minimum wage to their disabled workers. This “sub-minimum” wage policy was buttressed by the 1938 Fair Labor Standards Act which allows employers to apply for Section 14(c) […]

GAO Issues Annual Report to Congress – Shows Sharp Drop in Bid Protest “Sustain Rate,” But “Effectiveness Rate” Remains Unchanged

By on November 19, 2014 | Posted in Bid Protests

Today, the U.S. Government Accountability Office (GAO) issued its annual report bid protest report to congress. The report shows a sharp decline in the rate of protests sustained by GAO. For several years the “sustain rate” at GAO had consistently hovered between 16% and 19%. Today’s report shows the “sustain […]

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