FedBizOpps is Almost Gone

There’s a scene in 2016’s War Dogs where the Jonah Hill character explains to his employees that they are going to spend all day every day digging through one website. In the background, extras are seen staring in to the blue and yellow glow of FedBizOpps.gov.

“Oh my god,” I exclaimed from my couch to no one in particular. “I use that website every day—it’s terrible.”

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GAO to Agency: Offerors are More than Just a CPARS-Generated Rating Percentage

GAO recently sustained protest to an agency’s FAR Part 13 procurement that relied exclusively on CPARS-generated assessment chart rating percentages to evaluate vendors’ past performance. The agency’s goal was to “maximize competition” by considering all past work, rather than just relevant work. While there is no FAR Part 13 regulatory prohibition on doing so, GAO found the CPARS charts incomplete and misleading and the evaluation inconsistent with the terms of the solicitation.

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2020 NDAA: Subcontractors May Be Allowed to Take Non-Payment Allegations to OSDBU

The draft 2020 National Defense Authorization Act includes a dispute process for subcontractors when the prime contractor fails to pay.

Section 831 of the draft bill would amend the Small Business Act to allow subcontractors to report nonpayment to the Office of Small and Disadvantaged Business Utilization.

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GAO Recommends Successful Protester Be Placed in MATOC Pool

Multiple-award task-order contracts are becoming an increasingly common feature of government contracting, and many carry very high ceiling values. This places participation in MATOC awards at a premium.

Unsurprisingly, base MATOC awards are being protested with some frequency before GAO. In a recent decision, GAO provided a unique solution for sustaining MATOC protests without causing substantial disruptions: simply adding the successful protester to the pool.

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CPAR Challenge Wasn’t A Viable “Protest,” Says Federal Court

A contractor’s attempt to challenge an adverse Contractor Performance Assessment Report was not a bid protest subject to the bid protest jurisdiction of the U.S. Court of Federal Claims.

In a recent decision, the Court rejected a protester’s creative attempt to challenge a CPAR as part of a bid protest.  Instead, the Court held, a CPAR ordinarily must be challenged through the FAR’s claims and appeals processes–although the Court appeared to leave the door open to bid protest challenges in limited circumstances.

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Large Prime Hit For “Consistent Failure” To Meet Subcontracting Goals

A large prime contractor’s “consistent failure” to meet its small business and socioeconomic subcontracting goals on prior projects resulted in a lower past performance score–and led to the prime’s elimination from the competition.

In a recent bid protest decision, the GAO held that the agency properly eliminated a prospective prime contractor from the competition in part because the large business had not met its subcontracting goals on three recent contracts.

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Past Performance: Agency Need Not Seek Updated Information At Source Selection

Once an agency has completed its past performance evaluation it is not required to seek updated past performance information from offerors.

As demonstrated in a recent GAO bid protest decision, an agency may rely on the most recent past performance information available at the time of evaluation, and is not required to seek more recent information at the time of the source selection.

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