Where Non-Price Ratings Identical, Agency Wasn’t Required to Choose Lower-Priced Offeror

In a best value competition, when two offerors receive identical adjectival scores on the non-price factors, one might assume that the procuring agency would be required to award the contract to the lower-priced offeror.

Not so.  In a recent bid protest decision, the GAO held that where two offerors received identical scores on three non-price factors, the agency could still elect to award the contract to the higher-priced offeror.

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Government’s Default Termination Threat Was Improper Coercion, Says ASBCA

The Government improperly threatened to terminate a contractor for default, because there was no good reason to believe the contractor had actually defaulted.

In a fascinating new decision by the Armed Services Board of Contract Appeals, the Government’s threat–made to a contractor with cash-flow issues–amounted to coercion, and invalidated a settlement agreement that awarded the contractor much less than it probably should have received.

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CO Identifies Wrong Appeals Board, Appeal Dismissed Anyway

An Air Force Contracting Officer, asked by a contractor where to send an appeal, provided the contractor with information about the Civilian Board of Contract Appeals, not the Armed Services Board of Contract Appeals.

Despite the Contracting Officer’s erroneous advice, the CBCA dismissed the appeal for lack of jurisdiction.

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SmallGovCon Welcomes John Mattox

I am very pleased to announce that John Mattox has joined our team of attorney-authors here at SmallGovCon.  John is an associate attorney with Koprince Law LLC, where his practice focuses on federal government contracts law.

Before joining our team, John practiced business litigation with a national law firm in Kansas City.  Check out John’s full biography to learn more about our newest author, and don’t miss his first SmallGovCon post on NAICS code changes.

Thank You, Indian Country!

I am back from a great trip to Norman, Oklahoma where it was an honor to be part of the annual Indian Country Business Summit.  My talk at the ICBS covered recent legal developments in government contracting law, including the Section 809 Panel reports, the strict SBA SDVOSB ownership requirements, enhanced debriefings, and much more.

A big thank you to the Tribal Government Institute and Oklahoma Bid Assistance Network for sponsoring this wonderful event, and Victoria Armstrong and everyone who worked with her to organize it.  And, of course, thank you to all of the clients, old friends, and new faces I met and spoke with at the conference.

I’ve been a road warrior recently, but will be sticking around town for awhile as the fourth quarter heads into its last stretch.  Next up on my schedule: the Buy, Build and Sell Conference in Washington, DC on October 11.  I’m looking forward to spending a day in my old DC stomping grounds.

DoD Micro-Purchase Threshold Will Increase to $10,000

The Department of Defense’s micro-purchase threshold will double, from $5,000 to $10,000, under the 2019 National Defense Authorization Act.

The increase in the DoD micro-purchase threshold will put the DoD on par with civilian agencies after Congress increased the civilian micro-purchase threshold to $10,000 in last year’s NDAA.

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