GAO Catch-22: A Protest is Both Too Late and Too Early

Over the years, we’ve written a fair number of blogs about how contractors have been either too early or too late to protest. What we haven’t blogged about is a situation where a contractor is premature and late. Unfortunately for one protester, GAO has recently confirmed that you can, indeed, be both too early and too late to protest.

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Agency Must Consider Price Before Eliminating a Contractor from Competitive Range, GAO Confirms

In theory, best value procurements provide the government with an opportunity to select a higher priced proposal where the higher price is justified by the technical superiority of the proposal. In practice, though, the technical factors of a best value procurement can seemingly relegate price to a secondary consideration. In a recent decision, however, GAO confirmed that price is an essential evaluation consideration in any best-value decision.

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SBA Updates Interim Paycheck Protection Program Rule for Self-Employed Individuals

As the social isolation saying goes: “Another day; another clarification from the SBA regarding the Paycheck Protection Program.” Alright, maybe that saying hasn’t caught on, yet. Nevertheless, the SBA did publish additional guidance specific to sole proprietors and general partners applying to the Paycheck Protection Program (PPP).

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Government Retail Therapy: Congress Removes Cap on OTA for Public Health Emergencies

In an effort to combat the spread of COVID-19, Congress is seeking to eliminate some red tape surrounding biomedical research and development. Specifically, Congress has removed approval requirements on specific transitions to support advanced research and development initiatives.

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Uncle Sam’s Strong Arm: Contracting Under the Defense Production Act

The COVID-19 pandemic threatens to stretch Americans’ medical resources incredibly thin. From disposable face masks to respirators, there is real concern that current supplies will be insufficient to treat the anticipated influx of COVID-19 patients. To address this problem, many have pointed to the Defense Production Act as a way to increase production of this essential equipment. This is largely because the Defense Production Act substantially modifies some of the core government contracting principals articulated in the FAR.

From a legal standpoint the Defense Production Act provides some extraordinary powers to the President to increase domestic production in time of crisis, powers that drastically differ from the procedures of the FAR. Importantly, these changes would only impact procurements conducted directly under Defense Production Act authority. For those businesses subject to its provisions, though, the differences could be quite stark.

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Announcing the COVID-19 Contractors’ Toolkit

To address the unique challenges facing federal contractors during the COVID-19 pandemic, SmallGovCon is launching the COVID-19 Contractors’ Toolkit. The goal is to provide relevant and useful information for government contractors about contract requirements, best practices, and advocacy options. While every business will have its own unique challenges, it’s our hope to offer general information to guide decision making for federal contractors in these unprecedented times. 

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Biggest Loser: GAO Dismisses Marines’ Reconsideration Request on Magazine Pouch Weight

A few months ago, we blogged on a sustained GAO decision that concluded the Marines had failed to evaluate offerors in accordance with the Solicitation. Specifically, GAO identified issues with the evaluations of offeror samples, and recommended that the Marines reevaluate offerors. In the wake of GAO’s decision, the Marines filed a request for reconsideration. Unfortunately, the Marines request did not comply precisely with GAO’s filing procedures, resulting in a dismissal.

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