GAO: Agencies May Consider Outside Past Performance Information

When an agency requests that offerors provide past performance references, the agency ordinarily is not precluded from considering outside past performance information.

In a recent bid protest decision, the GAO confirmed that an agency’s past performance evaluation may include information outside the past performance references submitted by the offeror–and the agency can use any negative past performance information to downgrade the offeror’s score.

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SmallGovCon Week in Review: November 13-17, 2017

It’s the Friday before Thanksgiving, which means if you haven’t gone shopping yet, you may be facing the chaos of the grocery stores this weekend in preparation. Or, perhaps, you’re skipping the extensive meal preparation and going for something very simple (as a college student in North Carolina, I once classed it up by having Bojangles for Thanksgiving. Fantastic sweet tea, special seasoning, and no dishes!)

Even around the holidays, the world of government contracting doesn’t slow down that much. In this pre-Thanksgiving edition of SmallGovCon Week in Review, we take a look at two men facing five years in prison for fraudulently obtaining $20 million in contracts at Fort Gordon, the 2018 NDAA’s effect on GAO bid protests, new legislation intended to give equal consideration to VOSBs for contract awards, and much more.

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GAO Bid Protest Effectiveness Hits 47%–So Why Doesn’t Bid Protest “Reform” Address Government Shortcomings?

GAO bid protests succeeded almost half the time in Fiscal Year 2017.

According to the GAO’s latest Bid Protest Annual Report, the effectiveness rate of GAO bid protests was 47% in the recently-completed fiscal year.  The statistics are striking, because they come just as Congress is finalizing the 2018 National Defense Authorization Act, which includes measures aimed at reducing bid protests.  But with bid protests succeeding at a nearly 50% clip, why does the protest “reform” debate seem to center almost entirely on discouraging contractors to protest, rather than on decreasing the number of flawed source selection evaluations?

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Not Reading the PWS is a Bad Idea, ASBCA Confirms

Here at SmallGovCon, we often write about nuanced, complex government contracting legal issues.  This isn’t one of them.

The moral of today’s story comes straight from the personal superhero files of Captain Obvious: not reading the performance work statement in your own contract is a pretty bad idea.

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ASBCA: Under FAR, “Days” Meant Calendar Days, Not Business Days

The period of performance under a government contract, measured in “days,” meant calendar days–not business days, as the contractor contended.

In a recent decision, the Armed Services Board of Contract Appeals applied the FAR’s general definition of “days” in holding that a contractor had not met the contract’s performance schedule.

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SmallGovCon Week in Review: November 6-10, 2017

Happy Veterans Day to all our SmallGovCon readers. We hope that you will take some time today and tomorrow to honor the strength, loyalty and commitment that our brave veterans dedicated to this country. Veterans, we are deeply grateful for your service.

This edition of SmallGovCon Week In Review brings a look at six large companies with a high reliance on government contracts, the “Amazon Amendment” and how Amazon is looking to expand it’s operations through government procurement, the removal of Fair Pay and Safe Workplaces Rule, tips for WOSBs to succeed in the federal marketplace, and much more.

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Thank You, NACA!

I am back in Lawrence after a great trip to Washington, DC where I attended the Native American Contractors Association 2017 Federal Contracting Policy and Advocacy Conference.  I was part of a great panel yesterday on the future of federal contracting.  The panel spoke about GAO bid protests, the move away from lowest-price technically-acceptable procurements, the need to improve the HUBZone program, and other important topics facing the contracting community in the years to come.

A huge “thank you” to Mike Anderson, Chelsea Fish, and the entire NACA leadership team for organizing this fantastic event and inviting me to participate.  And a big thanks also to everyone who attended the panel and stopped by the Koprince Law LLC booth.  It was wonderful to see so many old friends and make plenty of new ones.

Next on my travel agenda: the National Veterans Small Business Engagement.  If you will be attending the NVSBE, I look forward to seeing you in St. Louis.