Author Archives: SmallGovConContributor

OHA Rules that Size Protest Wasn’t Five Years Too Late

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As we’ve discussed in previous posts, if you want to initiate a size protest, you generally must do so within 5 business days after the contracting officer notifies you of the prospective awardee’s identity.

But what happens if, after learning that you did not receive the award, the agency does something that suggests its award decision wasn’t final–e.g., reopens discussions with offerors and seeks revised proposals? Would your size protest still be late if didn’t file within the 5-day time frame?

Take a guess. And keep reading to find out the answer!

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Don’t Wait Until It’s Too Late: GAO Dismisses Claim of Agency Bias as Untimely

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In Adams and Associates, Inc., B-417120 et al. (Comp. Gen. Jan. 16, 2019), GAO dismissed a post-award protest, which alleged agency bias and retaliation against the protester, as untimely.

The GAO’s decision highlights the uphill battle contractors face when alleging agency bias.

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Section 809 Panel Recommends Eliminating COFC’s Ability to Consider Protests After GAO’s Resolution

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Among its suggestions to streamline the acquisition process, the Section 809 Panel has proposed to eliminate the ability to file a protest at GAO and the Court of Federal Claims. Instead, the Panel would require protesters to choose between filing at GAO or the Court.

Let’s take a look.

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House Passes Bill to Increase Potential Size of Sole Source Awards

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Amidst the news cycle focusing on the government shutdown, there is some other action in the House of Representatives that recently caught our eye.

The House recently passed a bill called the “Expanding Contracting Opportunities for Small Businesses Act of 2019.” If the bill becomes law, we will see a dramatic expansion in the size of sole source contracts for SDVOSBs, WOSBs, and HUBZones.

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SmallGovCon Week In Review January 14 – January 18, 2019

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As the shutdown ticks into its 27th day, federal employees and contractors across the nation wait in limbo with no end in sight. Hopefully the pain ends soon, and everyone can get back to work.

Meanwhile, closer to home, folks are very excited about the AFC Championship this weekend. Hopefully our New England-area readers will excuse our overt partisanship towards the Chiefs.

Even with the shutdown, there have been some important developments in government contracting. This week, we’ll look at a new DOD rule about LPTA procedures, suggestions for the DOD’s CIO, and more.

Have a great weekend . . . and GO CHIEFS!

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What’s the Purpose of a Bid Protest? Section 809 Panel Suggests An Answer

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Counseling clients and prospective clients on a potential bid protest, we often ask: Why would you like to file this protest? Of course, the answer inevitably involves the discussion of a flaw (or several) in the evaluation process that, had they not been committed, would have resulted in a different award decision.

In its latest report, the Section 809 Panel offers another consideration: Will this protest ensure confidence in the acquisition system?

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GAO Rules on GSA Schedule Contracts: Size Usually Stays, 8(a) Status Doesn’t

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Does 8(a) status remain in place for the duration of GSA Schedule contracts? GAO says no.

In MIRACORP, Inc., B-416917 (Comp. Gen. Jan. 2, 2019), the incumbent contractor for administrative support services sought by the Department of Energy, protested the Department’s evaluation and award of a delivery order to RiVidium, Inc., an 8(a) small business. GAO dismissed the protest, saying that the protester–which had graduated from the 8(a) program–lacked standing because it wasn’t eligible for the 8(a) set-aside order.

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