A recent Court of Federal Claims decision examined the impact on the award to a small business when that small business is acquired, after proposal submission but before award, by a large business. In doing so, the court looked very closely at the FAR clauses incorporated into the solicitation by reference, versus those that are incorporated in full text.
Continue reading…CIO-SP4 Postponed (Again) But Final Signature Expected Next Week
NITAAC’s Acting Director Brian Goodger released an update on the long awaited CIO-SP4 Request for Proposals (RFP) today. He provided some insight as to the delays in the RFP’s release and assured everyone that they expect the last signature on the final RFP next week.
Continue reading…Late Quotation? No Protest: Protester who Submitted Quotation Late is Not Interested Party, per GAO
You submit a quotation after the given solicitation deadline. The solicitation includes a provision stating, in part, that late submissions will not be considered, but the Contracting Officer (CO) evaluates your quotation anyway. The CO goes with another contractor, and you submit a protest. After all, the CO evaluated your bid, you have an interest in the matter, right?
Per the GAO, you don’t, and your protest will be dismissed. D B Systems (DBS) learned this the hard way.
Continue reading…GAO: Unequal Exchanges With Offerors by Agency Leads to Sustained Protest
An agency providing an opportunity to substantially revise a proposal can seem too good to be true. And sometimes, it is. It is a fundamental principle of procurement law that offerors must be treated equally. When one offeror is given an opportunity to “fix” the deficiencies in its proposal, but the other offeror is not, that is fundamentally unfair.
As one offeror found out, despite submitting everything to the agency as it was asked, GAO still sustained the protest.
Continue reading…Small GovCon Week in Review: May 3-7, 2021
It will be a great weekend to celebrate Mother’s Day and show all those hard working moms out there some appreciation. We hope you can get out and enjoy the wonderful spring weather and make the day special for the mothers in your life. As a wise person once said:
“A Mother is she who can take the place of all others but whose place no one else can take.” – Cardinal Mermillod.
For those moms who are into federal contracts, and all others in the contracting world, here’s what’s happening in federal government contracting news, this week.
Continue reading…Five Things You Should Know: Past Performance of Subcontractors, Joint Venture Partners, and Affiliates
The government’s hard shift away from lowest-price, technically acceptable evaluations has magnified the importance of past performance in many competitive acquisitions. For start-ups and other companies new to the federal marketplace, past performance requirements can present a significant barrier to success.
Oftentimes, companies with little or no past performance of their own can offer the past performance of another entity, such as a subcontractor or joint venture partner. But the rules surrounding the use of another entity’s past performance are often misunderstood–and recently, the rules have evolved quickly.
Here are five things you should know about using the past performance of a subcontractor, joint venture partner, or affiliate.
Continue reading…Alert: SBA Will Freeze HUBZone Maps Until June 30, 2023
HUBZone companies will get some additional time to plan for the unfreezing of the HUBZone maps by SBA. SBA has just issued a direct final rule that will extend the HUBZone map freeze from December 31, 2021, to June 30, 2023.
Continue reading…