GAO recently dismissed a challenge to the terms of a solicitation—even though those terms directly contradicted the procuring agency’s promise made during a prior protest of the solicitation. Is that right? Let’s take a look.
Continue readingAuthor Archives: Nicole Pottroff
OHA Remands Area Office’s Conflicting Decision in Concurrent Size and Status Protests
What happens when an SBA area office finds a joint venture compliant with SBA rules in a size protest, but SBA’s Office of Hearings and Appeals says the same agreement fails to meet requirements in a status protest? Let’s find out.
Continue readingDoD 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.
Continue readingSole-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.
Continue reading8(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.
Continue readingIt’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.
Continue readingSBA 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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