GAO Task Order Protests: Protester’s Price Does Not Establish Jurisdiction

The GAO’s jurisdiction over task order protests turns on whether the award price of the task order exceeds $10 million–not whether the protester’s proposed price exceeds $10 million.

In a recent bid protest decision, the GAO held that it lacked jurisdiction over a task order protest because the award price was under $10 million, even though the protester had proposed a price of approximately $11.4 million.

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Contractor Proposes Unavailable Key Employee, GAO Sustains Protest

A contractor’s proposal to use an unavailable employee to fill a key personnel position caused the GAO to sustain a competitor’s protest.

In a recent bid protest decision, the GAO concluded that a offeror failed to satisfy a material solicitation requirement concerning key personnel where the employee included in the proposal left the offeror’s employment–and the agency knew that the employee was not available to perform the contract.

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8(a) Subcontracting Limitations: Compliance Oversight Lacking

Compliance with the limitations on subcontracting are not adequately being monitored by the contracting officers responsible for 8(a) contracts, according to a recent GAO report.

After reviewing a representative sample of ten 8(a) contracts, the GAO determined that contracting officers effectively monitored subcontracting limit compliance on two of those contracts.  In other cases, agency contracting officers failed to effectively monitor compliance, even in situations presenting a heightened risk of potential violations–such as where ineligible incumbents were serving as subcontractors.

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Thank You, HUBZones!

I am back in Lawrence after a trip to the Washington area, where I spoke at the National HUBZone Conference.  My conference presentation focused on the special rules for joint venturing and teaming on HUBZone set-aside contracts.

Thank you to Mark Crowley and the HUBZone Council for inviting me to be a part of this year’s National HUBZone Conference.  Thank you also to the clients, old friends, and new connections who made the conference especially worthwhile.  And thank you, too, to all those who attended my seminar and asked so many great questions.

After speaking at four government contracts conferences since August, I am beginning to feel a bit like a road warrior.  My next conference travels will take me to Wichita, Philadelphia, and New Mexico.  If we haven’t connected at an event yet this year, I hope to see you there.

SAM Registration: What The Heck Is An “Immediate Owner?”

Government contractors who have attempted to recently register or re-register in the SAM database have been confronted with new questions asking about an “immediate owner” and a “higher-level owner.”  These new SAM questions have caused some confusion about what information, if any, a contractor must provide in SAM with respect to an “immediate owner” or “higher-level owner.”

The new questions originate in a recent amendment to the FAR, which requires all SAM registrants, if owned by another entity, to identify that entity by legal name, CAGE code, and type of ownership.  This blog post breaks down the new rule and explains when this rule will come into play.

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GSA Contractor Team Arrangement: Single-SIN Restriction Was Appropriate

A procuring agency reasonably required all members of a SDVOSB set-aside GSA Contractor Team Arrangement to possess a certain Federal Supply Schedule contract and Special Item Number.

In a recent bid protest decision, the GAO held that restricting CTAs to holders of a certain Schedule and SIN was appropriate because all of the supplies to be procured fell within the identified Schedule and SIN.

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