GAO Confirms You Cannot Challenge Another Offeror’s Inclusion in the Competitive Range

Posted on November 12, 2020 by SmallGovCon Contributor

An offeror in the competitive range cannot protest another offeror’s inclusion in the competitive range, according to GAO. In a recent decision, GAO dismissed an offeror’s protest as premature when both offerors were included in the competitive range.

After a series of protests and corrective actions, GAO recommended to include a previously excluded offeror in the competitive range for consideration. The competing offeror protested this inclusion, and GAO dismissed the protest.

Why would GAO dismiss this protest? Here is what you need to know.

SBA Eases Lifetime Limit on Mentors

Posted on November 11, 2020 by Shane McCall

The SBA has long had a lifetime limit of two mentors for each protégé–and this limit was enforced very strictly. Say the mentor ghosted the protégé, or the two just never did any contracts together. Well, too bad, that still used up one of the two lifetime mentors that a protégé could have.

They say there are no second chances, but the SBA’s new rule will allow for second chances on a mentor protégé arrangement in some circumstances, which should benefit protégés going forward.

Happy Veterans Day

Posted on November 11, 2020 by Shane McCall

Here at Koprince Law, we salute the service of all veterans and their families, both at home and abroad. Thank you.

Here’s Why “The Other Guy’s Price Is Too Low” Often Fails As a GAO Bid Protest Argument

Posted on November 9, 2020 by Steven Koprince

Maybe it’s happened to you: your company receives a notice of unsuccessful offeror, and your eyes pop. You can’t believe that the winner’s price is so low. “There’s no way they can successfully perform for that,” you say.

But before you file a GAO bid protest, you should carefully check the solicitation’s evaluation criteria. As one unsuccessful offeror recently learned the hard way, GAO often won’t listen to an argument that “the other guy’s price is too low.”

SmallGovCon Week in Review: Nov. 2 – Nov. 6, 2020

Posted on November 6, 2020 by Shane McCall

Happy Friday, SmallGovCon readers. Even as the votes are sifted, the federal government continues to buy goods and services from contractors. To that end, here are some important updates from the last week.

These include veteran-owned small business trends, the critical role of CUI in federal supply chain security, and and update on the rule banning some Chinese equipment.

SDVOSB vs. AbilityOne: VA Violated Rule of Two Again, Court Says

Posted on November 5, 2020 by Steven Koprince

A federal court has ruled that the VA violated the SDVOSB Rule of Two, as well as a more recent statute, by moving SDVOSB set-aside requirements to the AbilityOne program.

If you think you heard this before, you’re not going crazy or living your own personal Groundhog Day. The court’s ruling is just the latest in a long-running debate about how the VA should balance the SDVOSB and AbilityOne contracting preferences.

SBA Confirms Mentor can Own 40% of Protégé and Get 60% of Joint Venture Workshare

Posted on November 4, 2020 by Shane McCall

The SBA’s recent final rule on Mentor-Protégé Program consolidation included a number of important updates and clarifications. Among these was an explanation of the rules involving a mentor owning part of a protégé while also being part of a joint venture with the same protégé. It’s something I’ve always wanted SBA to confirm, so I’m glad they did.