DoD Warns Contractors to be Wary of Adversarial Investments during Pandemic

DoD’s Acquisition and Sustainment Leaders recently updated the public on DoD’s COVID-19 acquisition policy at the Pentagon and announced a joint task force to handle the influx in medical and personal protective equipment needs. One of DoD’s primary points of focus during this conference was a warning to contractors about adversarial capital during this crisis.

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Sole-Source Options for Agencies During the COVID-19 Pandemic

The current COVID-19 pandemic has prompted the federal government to take drastic measures. It has altered many aspects of federal contracting for contractors and agencies alike. During these trying times, agencies also have the authority to streamline some contracting procedures. Let’s take a look.

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8(a) Social Disadvantage Narratives: What SBA is Looking For

Writing a social disadvantage narrative for application to SBA’s 8(a) Business Development Program can be tricky. While SBA’s regulations can guide your pen, they are not the only source of helpful information out there. Let’s take a look at some SBA guidance and recommendations based on SBA’s actual decisions that may increase your chances for success.

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It’s Not Up to Agency to Clarify Layout and Printing Errors in Proposals, Says GAO

It is well understood that offerors must submit proposals that meet the procuring agency’s requirements, including any page limitations set by the solicitation. But what if an offeror’s proposal contains an obvious layout and printing error that inadvertently puts required information outside the established page limits? Does the agency have a duty to seek clarifications or allow corrections? GAO says no.

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SBA Area Office Double Counted Revenue in Denial of 8(a) Application, Says OHA

SBA sometimes makes mistakes in the 8(a) application process, but the appeals process may be able to remedy those miscues. Recently, an applicant appealed the SBA’s denial of her 8(a) status based on net worth. She argued that the SBA Area Office had double counted the value of her rental property, which automatically disqualified her from being found economically disadvantaged. SBA’s Office of Hearings and Appeals (OHA) agreed and remanded the denial decision.

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Federal Supply Schedule Acquisitions Require Price Comparisons to Determine Lowest Overall Cost, Says GAO

In a recent protest, GAO examined the rules for price evaluation and source selection methodology required under the Federal Supply Schedule (FSS) Program. At a minimum, an agency must perform price comparisons to evaluate what vendor will be lowest cost along with any additional features and benefits to the government. Because the FSS solicitation at issue failed to include proper price evaluation terms, GAO sustained a challenge to those terms.

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No Award for Proposal Lacking Required Letter of Commitment, Says GAO

GAO recently sustained a challenge to an agency’s award decision where the awardee failed to provide a required letter of commitment for an individual proposed for a key personnel position. GAO said that the awardee failed to satisfy a material solicitation requirement, making the agency’s award improper.

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