One Protest Spoils the Bunch

GAO recently dismissed several bid protests to an $82 billion procurement because of the actions of a company that had already lost its protest.

In AECOM Management Services, four different companies protested the U.S. Army’s logistics civil augmentation program procurement for various “Setting the Theater” services for the Army’s Northern Command, Southern Command, African Command, European Command, Central Command, Pacific Command, and Afghanistan.

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Years after Expiration of Mentor-Protege Agreement, Joint Venture Still Small Based on Status as of Proposal Date

SBA regulations say that size is determined as of the date an offeror submits its initial proposal, with price. On its face, this rule seems pretty straight forward. But what happens if the initial proposal was filed six years ago? And what if the joint venture that submitted the proposal has since expired? Following OHA’s recent logic, the proposal-date rule stands even in these unique circumstances.

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Contractors Beware: Government Bans Certain Telecommunications Equipment Effective August 13, 2019

Cybersecurity is a key concern of the federal government, which means that it should be a key concern for federal contractors, too.

To address a perceived cybersecurity risk, the 2019 NDAA prohibited the government from buying telecommunications devices produced by certain companies—namely, Huawei Technologies, ZTE Corporation, or any of their subsidiaries. In a proposed rule announced this week, this ban will be effective beginning August 13, 2019.

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SmallGovCon Week In Review August 5, 2019 – August 9, 2019

Thanks to my colleague Matthew Schoonover for handling week in review duties last week. After a week spent camping in the mountains of Colorado, I returned rested and with a newfound respect for bears, moose, and other wildlife.

Please enjoy this week’s roundup of federal government contracting news. There are some interesting stories in here about new IT contracting initiatives from GSA schedules, NASA, and the IRS; an increase in federal tech contracts; and DOD acquisition reform.

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GAO: Proposal Strengths Must be Based on Solicitation Criteria, Not Merely Benefit to Government

Agencies often find unanticipated, innovative content in offerors’ proposals. And unsurprisingly, those proposals are often the ones selected for award. But a recent GAO decision reminds us that all strengths an agency assigns must be supported by the stated evaluation criteria. In other words, the solicitation must thoroughly inform offerors of these evaluation criteria, and the agency must equally evaluate offerors under them. An offeror’s proposal should not get extra credit for proposing things that are not anticipated by or logically encompassed in the solicitation.

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ASBCA Awards Contractor Compensation for Extra-Contractual Changes

Contract changes, particularly in the construction context, can be flash points for the Government and a contractor. In some cases, the Government will assert that the contract requires the contractor to perform certain work; the contractor, pointing to the same (or another) contractual provision, will argue that the contract does not require it. These diverging positions can often lead to contentious litigation.

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