Now here’s one you don’t see every day. In a recent size appeal decision, the SBA Office of Hearings and Appeals upheld the SBA’s determination that the contractor was affiliated with the government of Puerto Rico.
In Size Appeal of Industria Lechera de Puerto Rico, Inc., SBA No. SIZ-5533 (2014), SBA OHA held that the contractor’s relationship with the Puerto Rican government rendered the contractor, in essence, a quasi-governmental entity, not an independent small business.
An agency reasonably considered the quantity of offerors’ relevant past performance, even though the solicitation only stated that the relevance and quality of past performance would be considered.
In a recent bid protest decision, the GAO held that the quantity of an offeror’s past performance is logically encompassed within a review of the quality of past performance, and need not be separately identified as an area of evaluation.
A procuring agency did not engage in impermissible discussions by allowing a small business to verify its intent to comply with the applicable limitation on subcontracting.
In a recent bid protest decision, the GAO held that the information regarding the small business’s compliance with the subcontracting limits was a permissible “clarification,” and did not require the agency to open discussions with all offerors in the competitive range.
The GAO lacks jurisdiction to decide whether an agency improperly suspended or debarred a contractor from federal government contracting.
In a recent bid protest decision, the GAO dismissed a protest filed by a debarred contractor, holding that the protester’s underlying challenge to its debarment was a matter for resolution by the contracting agency, not the GAO.
As a rare Midwestern government contracts attorney, I am often asked, “when are you next coming to DC?” Well, now I have an answer. I am pleased to announce that I will be presenting a workshop entitled “Government Contracts Legal Update 2014″ at the Small Business Leadership Development Conference on March 18.
My workshop will cover recent developments and trends in government contracts law, with a special emphasis on legal developments affecting small businesses. I will also be on hand throughout the day at the Petefish, Immel, Heeb & Hird booth to answer questions about the presentation and discuss other areas of government contracts law.
If you haven’t yet registered for the SBLD Conference, don’t miss out. The event focuses on emerging and small business leaders, and includes networking, educational workshops, and matchmaking sessions. Visit the SBLD Conference website to learn more.
See you March 18!
In discussions, a procuring agency is not required to explicitly inform an offeror that its proposal contains a significant weakness, so long as the agency sufficiently identifies the area of concern.
In a recent bid protest decision, the GAO held that the agency had adequately informed the offeror of the agency’s concerns, even though the agency did not specifically identify those concerns as a “significant weakness.”
Past performance evaluations often hinge on government officials completing and returning past performance questionnaires. But what happens when the government doesn’t return those PPQs?
In one case, at least, the answer was “nothing good.” In a recent GAO bid protest decision, only two of six PPQs were returned for the lowest-priced offeror–and that offeror ended up losing the contract to a firm with a higher past performance score.