“We Don’t Do Option Year Challenges,” Says GAO

Most federal contracts are structured with a base period with a number of option periods that can be exercised at the agency’s discretion. But what happens if an option year goes unexercised? Recently, a disappointed contractor attempted to challenge the agency’s decision not to exercise an option before GAO. Unfortunately, GAO was not receptive.

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Hey VA! You Can’t Avoid the Rule of Two By Using GPO To Do Your Shopping.

It’s no secret that the VA has tried to find ways around the statutorily-mandated rule of two–i.e. VA must set aside procurements for VOSBS if it has a reasonable expectation that it will receive fair and reasonable offers from two or more veteran-owned small businesses. Although the U.S. Supreme Court has already told VA, in Kingdomware, that it cannot circumvent the rule of two, VA apparently is still seeking ways to avoid it.

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Proprietary Information Proper Basis for Restricted Solicitation Terms

While the overarching goal of the federal procurement system is to provide as many opportunities for competition as possible, there are those instances where the unique circumstances of a procurement require limiting the pool of offerors. In a recent decision, GAO determined that the need for proprietary maintenance information was a sufficient reason to limit competition.

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GAO: Exclusion Improper Because Former Official Didn’t Have Competitive Information

Hiring former government officials can sometimes be tricky business for contractors. As we discussed in a previous post, this is particularly true if the former official, based on work at an agency, could give the contractor a leg up in a specific procurement.

But hiring a former government official isn’t always a problem. And as a recent GAO decision illustrates, as long as the former official doesn’t have competitively useful, non-public information, an agency shouldn’t exclude an offeror from competition merely because it employs a former government official.

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CAGE-y Evaluation: Agency Unreasonably Failed to Consider CAGE Codes Provided in Proposal

Facilities security clearances are a common requirement for Department of Defense procurements. While important for national security reasons, these solicitation requirements can also create confusion with respect to evaluation. A recent GAO decision demonstrates how confusion can arise when a contractor holds multiple CAGE codes, only one of which corresponds to a cleared facility.

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