8(a) Participants to Receive One-Year Extension Through COVID-19 Bill

Update: The Consolidated Appropriations Act, 2021 was passed on December 27, 2020. The NDAA was passed on January 1, 2021.

Congress has included in the new COVID-19 relief bill a one-year extension of the term for participation in the 8(a) Program. Under the provision, any small business concern participating in the 8(a) program on or before September 9, 2020 may “elect to extend such participation by a period of 1 year”.  This is good news, especially for those concerns in their last year of viability in the 8(a) program who may have felt shortchanged from COVID’s effects on the economy.

Continue reading

Exceeding Solicitation’s Page Limit Renders Offer Technically Unacceptable, Even if It’s the Cover Page

In a recent decision, the GAO laid down a stark reminder of its unwavering demand that offers be meticulously compliant with the instructions of a solicitation.  In the decision, GAO denied a protest challenging the agency’s evaluation of a proposal as technically unacceptable where certain required proposal information was in pages that exceeded the solicitation’s page limits. The agency’s decision to ignore that information was reasonable and consistent with the solicitation’s terms.

Continue reading

Too Little Too Late Taken Literally When It Comes To Agency-Level Protests

In a recent decision, GAO dismissed a protest challenging the USDA’s issuance of a lease contract as untimely where the protester’s communications with the agency did not constitute an agency-level protest, and the protest was filed more than 10 days after the notice that formed the basis of its protest was received by the protester.

Continue reading

Including Dollar Amount in Claim “Sum Certain”-ly Serious Business

In a recent case, the Armed Services Board of Contract Appeals, dismissed a claim for lack of jurisdiction because it did not include a “sum certain.”

The case is a good reminder of the importance of demanding a specific sum of money for most claims.

Continue reading

You May Dig Yourself into the Mud by Failing to Use the Standard Form for Your Bid Bond

When required, bid bonds are an essential aspect to a proper bid. Under FAR 52.228-1, they secure the liability of a surety to the government by providing funds to cover the excess costs of awarding to the next eligible bidder if the successful bidder defaults by failing to fulfill these obligations.

There is a standard form for bid bonds. Though it’s not required, using the standard form is probably the safest bet to avoid possible rejection of a bid, as one contractor learned the hard way.  

Continue reading