Timing Issues: Challenges to Brand Name Salient Characteristics Due Before Proposal Submission, Says GAO

Time. It’s a great Pink Floyd song. It’s also something that frequently trips up contractors filing protests before GAO. As one contractor recently discovered, a challenge to the salient characteristics of a brand name product is equivalent to challenging the terms of a solicitation, which carries a different protest deadline than evaluation challenges. Unfortunately for the protester, its argument did not fair nearly as well as one of David Gilmour’s solos.

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Whose Jurisdiction is it Anyways? GAO Dismisses Size Challenge

GAO recently dismissed a protest to an awardee’s eligibility under the applicable size standard. The protester argued that the agency should have known that the awardee exceeded the nonmanufacturer rule’s 500-employee maximum. After extensive briefing from both parties and from the SBA itself, GAO found that the awardee’s proposal didn’t raise any issues and that it was really up to the SBA to decide the size issues anyway.

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SmallGovCon Week In Review: August 3 – August 7, 2020

Happy Friday to all our SmallGovCon readers and hope you have a great weekend! Mark your calendars, as our very own Matthew Moriarty will be providing “2020 GovCon Legal Updates” to attendees of the 2020 ICBS Show on August 18.

This week saw some interesting federal contracting developments, such as projections for this year’s federal spending to be the highest ever, changes to the CMMC Advisory Board, and an executive order that may affect how contractors employ foreign workers.

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