Requests for reconsideration are rarely granted by GAO and reconsideration of cost claims is even more unique. But GAO recently granted one of these unicorns–recommending additional reimbursement of more than $20,000 to the protester.Continue reading
Contractors interested in acquiring participants in the SBA’s Small Business Innovation Research (SBIR) program beware: successfully novating SBIR contracts has been made significantly harder by a recent GAO decision. Worse still, SBIR novation mistakes can jeopardize future awards under the SBIR contract vehicles. Tread lightly.Continue reading
SBA has issued a final rule, effective December 30, that will now provide an avenue to protest situations where the prime contractor on a SDVOSB, HUBZone, or WOSB set-aside contract is subcontracting most or all of the work to a non-similarly situated—but still small business—concern. It will also allow SBA to review eligibility for 8(a) Program contracts on this ground as well.Continue reading
In any negotiation, either party may walk away from the deal at any time for any reason. While this is typically viewed as a negotiation “nuclear option,” it does happen. Unlike the private commercial space, doing business with Uncle Sam typically goes through a progression ultimately resulting in an awarded contract. As one contractor recently discovered, however, agencies still retain the nuclear option–cancelling the solicitation–if they cannot obtain value for the government.Continue reading
Whenever GAO issues a bid protest decision, some parties are happier than others. In limited circumstances, however, an unhappy party may petition GAO to reconsider its decision if the outcome was based on errors of either fact or law. It is extremely rare for GAO to reverse itself during a reconsideration request. That may explain why in a recent reconsideration decision, GAO maintains that its decision was correct based on the facts presented to it, but GAO nevertheless modified its recommendations substantially in the face of new facts. As a kicker, GAO also took away its recommendation that the agency pay protester’s attorney fees.Continue reading
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.Continue reading
When preparing a proposal for a Government solicitation, ensuring that your product or service meets all of the requirements specified by the Government’s solicitation is essential. Simple enough, right?
Not necessarily. One of the most frequent pitfalls in proposal preparation is assuming the Government understands your products and industry as well as you do, which may not be the case. A recent GAO bid protest demonstrates that a “well-written proposal” sometimes must include information that a contractor might expect the Government evaluation team ought to know.