Resources
Plain-language guides, articles, and FAQs to help federal contractors understand their rights and navigate the federal marketplace.
Landmark Case
238 F.3d 1323 (Fed. Cir. 2001)
The impact of the Garufi case on government contractors, and the public at large, cannot be overstated. The Government Accountability Office revised its regulations to hear challenges to affirmative determinations of responsibility. In FN Manufacturing, Inc., B-297172 (Dec. 1, 2005), the GAO explained the significance of the Garufi cases: on December 31, 2002, its Bid Protest regulations were revised to add as a specified exception protests that identify evidence raising serious concerns that, in reaching a particular responsibility determination, the contracting officer unreasonably failed to consider available relevant information or otherwise violated statute or regulation. This change was made in light of the Federal Circuit's seminal decision, which held that affirmative determinations of responsibility by contracting officers are reviewable by the Court of Federal Claims under the 'arbitrary and capricious' standard applicable under the Administrative Procedure Act.
In Impresa Geom Domenico Garufi v. United States, 238 F.3d 1324 (2001), Sam Gdanski argued that the Navy did not properly conduct a responsibility determination of a competitor. The case was remanded back to the Court of Claims, where the Court decided in the client's favor.
Press
Sam Gdanski and the Garufi case were featured in the Legal Times.
Articles & Guides
If you believe a federal contract was awarded improperly, you may have grounds for a bid protest. Here's what you need to know about the process, the timelines, and what to expect.
The Contract Disputes Act governs how contractors can seek compensation from the federal government. Understanding the process — from certified claims to board appeals — is essential.
The Federal Acquisition Regulation is the backbone of government contracting. This guide covers the key compliance obligations every contractor should understand.
The SBA's 8(a) Business Development Program offers significant contracting advantages — but the eligibility requirements are strict and the application process is demanding.
When the government modifies your contract's scope, causes delays, or creates unforeseen conditions, you may be entitled to additional compensation through an equitable adjustment.
Federal small business set-aside programs can open doors to significant contracting opportunities. Here's how to evaluate which programs your business may qualify for.
FAQ
Timelines are strict and vary by forum. At the GAO, you generally have 10 days from when you knew or should have known the basis for protest. For solicitation defects, you must protest before the bid opening or proposal due date. Missing a deadline can waive your protest rights, so it's critical to act quickly.
A certified claim is a formal written demand to a contracting officer for payment, adjustment, or other relief under a government contract. Claims over $100,000 must be certified by a company official. The contracting officer has a set period to issue a final decision, which can then be appealed to a board of contract appeals or the Court of Federal Claims.
Generally, only prime contractors have standing to file bid protests at the GAO or COFC. Subcontractors typically cannot protest directly. However, subcontractors may have rights under the Contract Disputes Act if they have a direct contractual relationship with the government, or they may pursue claims through the prime contractor.
If a competitor or the SBA challenges your 8(a) eligibility, you'll need to respond quickly with documentation supporting your eligibility. The SBA's Office of Hearings and Appeals (OHA) handles these matters. An experienced attorney can help you build a strong response and protect your certification.
We're happy to discuss your situation. Schedule a consultation today.
