As anyone in the federal contracting line of work knows, deadlines come at you fast and hard. In a recent GAO decision, GAO refused to relax the timeliness rules associated with protests of solicitation requirements, even where that left the contractor with very little time to protest.
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GAO Sustains Protest after Awardee Credited with Strengths Not Present in its Proposal
Strong working relationships between contractors and contracting officers are a significant asset. For example, the Customs and Border Patrol recently relied heavily on its experience working with the incumbent contractor to “infer” proposed technical approaches and award corresponding strengths. Unfortunately, when this award was subsequently protested, GAO did not agree with the Border Patrol’s inferential technique.
As GAO explained, a reviewing agency may not credit a bid with technical strengths that are not present within the proposal.
Continue readingSBA OHA: Joint Venture Agreement Must Explain Venturers’ Responsibilities
Joint venture agreements continue to be a hot topic among small business federal contractors. For good reason: if the agreement is properly prepared, a joint venture allows two companies (including, in the case of an approved mentor and protégé, a large business) to augment their capabilities and jointly bid on a federal project.
But to avail themselves of this benefit, the venturers must first prepare a joint venture agreement that complies with the SBA’s requirements. Sometimes, this task can be quite tricky. And as a recent decision of the SBA’s Office of Hearings and Appeals shows, the failure to have a compliant joint venture agreement can cost the joint venture an award.
Continue readingGAO Awards Fees, but Only for Obviously Correct Protest Ground
Supposedly, the general rule is that a protester is reimbursed the costs associated with a successful protest—including attorneys’ fees. But, as a recent case shows, that’s often not the case.
In a March decision, GAO recommended award of only a portion of fees associated with bringing a protest, even though GAO agreed that the protest was correct and the awardee should have been found technically unacceptable.
Continue readingBreaking News: SBA (Finally!) Proposes Regulation Extinguishing WOSB Self-Certification
In a move bringing to mind Etta James’ most popular refrain, SBA has proposed an amendment to its regulations which will require Woman-Owned Small Business program participants to be certified by the SBA or an SBA approved third-party certifier.
Continue readingGAO Allows Contracting Officer Discretion to Act as Tie-Breaker
Your company has submitted a proposal for a Lowest-Priced, Technically Acceptable acquisition. To your surprise, you find out another company has submitted a technically acceptable offer with the same price. Equally surprising, the solicitation does not contain any provisions instructing the agency on how to pick from otherwise equal bids. So what is the contracting officer to do – issue an order for a standoff, a la the O.K. Corral? (For the record, we do not advise this as a viable method of conflict resolution.)
Fortunately, GAO encourages a less drastic solution–use of the contracting officer’s reasonable discretion.
Continue readingOHA Decision Reminds CVE Appellants to Show, Not Tell
Just like one word answers don’t work with your mom (who you should call this Sunday!), one sentence CVE Appeals don’t usually work for OHA. In one recent case, Secure2ware, Inc., SBA No. CVE-111 (Apr. 18, 2019), OHA provided reminders about what CVE Database appeals must include.
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