What time does the day end? Most people would answer that a day ends at midnight. However, a recent GAO decision highlights that, for purposes of filing a pre-award bid protest with the GAO, the business day ends at 5:30 p.m. ET when the GAO closes its doors for the day. Confusingly, this can result in a protest that was technically filed on a Friday after 5:30 p.m. ET, not actually being filed until Monday, the next business day. A recent GAO decision explores this phenomenon and clarifies filing deadlines for pre-award bid protests challenging solicitation terms, especially in the case where an offer deadline is after GAO’s close of business.
Continue readingTag Archives: pre-bid protest
Webinar: CMS Reverse Industry Day, August 3, 2023, 10:00am EDT
On behalf of CMS (Centers for Medicaid & Medicare Services), the National Contract Management Association (NCMA) and the Professional Services Council (PSC) will host a 90-minute virtual industry-led discussion, with our very own Nicole Pottroff as a presenter. The webinar will provide an in-depth look and interactive conversation regarding CMS procurement protests–the common factors and considerations contractors take into account when deciding whether to protest CMS procurement decisions, when to protest them, where to protest them, etc.–and what actions CMS program and contract officials could take during the procurement process to reduce the likelihood of a preventable protest and help ensure fair and transparent competitions and acquisitions. Topics may include:
• Current protest trends at CMS and comparisons to HHS and other civilian agencies;
• Recompetes v. new requirements – understanding the incumbent advantage and how to ensure fairness for all;
• Joint Venture (JV) and Mentor-Protégé JV arrangements and small business set aside decisions;
• Price realism / avoiding the “race to the bottom”;
• Best value trade off decisions v. Lowest Price Technically Acceptable (LPTA) evaluations;
• Different types of evaluation methodologies (e.g., oral presentations, coding challenges, self-score cards, etc.);
• What makes a quality debrief; and
• Industry answers to Government questions regarding protests.
Please register here for this informative event.
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.
Continue reading