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Key Case Law Rules for Government Contract Formation by Patrick Butler

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CHAPTER 7Protest Grounds Alleging Unfair Government Conduct

1. AVAILABILITY OF SOLICITATIONS

Overview of This Protest Ground: Sometimes incumbent contractors believe they are entitled to a special notification from the government alerting them that “their” contract is being resolicited. Several protests have been filed by incumbent contractors that are unaware of a resolicitation and find out (too late) that their contract has been awarded to another company. The GAO has clearly explained that an agency fully meets its publication requirements by posting the solicitation on FedBizOpps (www.fbo.gov).

GAO’s Key Language

FedBizOpps is the currently ...

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