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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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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Agencies Must Not Delay Evaluating the Merits of Protests, Says GAO

It is decently well established that GAO will recommend protesters be reimbursed for protest related costs when an agency unduly delays in taking prompt corrective action. In a recent GAO decision, however, the Navy argued the question of undue delay should be evaluated from the time the Navy fully understood the extent of its error, not the initiation of the protest.

GAO was not convinced.

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GAO Bid Protest Process: Read our “Contract Management” Magazine Article

GAO’s bid process can be difficult to understand. There are rules about who can file a bid protest and what issues can be protested. And the deadlines for filing are strict and unforgiving.

In the February 2019 issue of Contract Management Magazine (the monthly publication of the National Contract Management Association), we provide a plain English overview of GAO’s bid protest process. We think that, whether you’ve been a federal government contractor for many years or just a few, you’ll find it informative. The magazine has kindly allowed us to post the article. Click here to view and happy reading!