In recent GAO decision, Booz Allen Hamilton, Inc., B-418449 (Comp. Gen. May 18, 2020), GAO reminded the Marine Corps to make sure its RFQ requirements were reasonable—and in line with the underlying contract.
Continue reading…Removing a Price Realism Evaluation is a Material Change, Says GAO
Price realism—the evaluation of whether a proposed price is too low—is a method the government may use to evaluate fixed price offers to ensure that offerors are proposing pricing that reflects an understanding of the work required by the solicitation.
Prices that are unrealistically low can result in proposal elimination. This means price realism is an important consideration when preparing a bid. But what if an agency decides after proposal submission that a price realism evaluation will not be performed? In a recent decision, GAO confirmed that offerors must be given the opportunity to revise their proposals.
Continue reading…SmallGovCon Week In Review: June 29 – July 2, 2020
Happy Independence Day to all of our SmallGovCon readers! I hope you are able to share some time with family and friends and observe the 4th in a way that means the most to you. Stay healthy and safe.
In this short week, there were still some interesting federal contracting developments. These included debate on National Defense Authorization Act and other congressional initiatives such as the ban on equipment from certain Chinese companies, some challenges for Cybersecurity Maturity Model Certification, and GSA announcing awards for the government e-commerce portal.
Continue reading…Joint Ventures: Is “Unequivocal Control” Required?
Fans of the blog know that we’re wild about joint ventures: they allow small business contractors to use their size status while, at the same time, leveraging their joint venture partner’s experience and capabilities.
But joint ventures—particularly joint ventures under one of the SBA’s socioeconomic programs—can be tricky to create. For joint ventures between a small and a large company, the venturers first need an approved mentor-protégé agreement. And regardless, for the joint venture to qualify under a socioeconomic designation, that joint venture must have a compliant agreement.
But that’s still not enough to create a compliant joint venture. As a recent SBA Office of Hearings and Appeals decision explains, the small business venturer must unequivocally control the joint venture.
Continue reading…New GovCon Handbook Arriving July 28! Procedures and Pitfalls of Size Protests and Appeals
I’m pleased to announce that my forthcoming Koprince Law LLC GovCon Handbook, entitled Procedures and Pitfalls of Size Protests and Appeals, will be published through Amazon on July 28! In addition, I’ll be hosting an accompanying webinar through Koprince Law on August 5.
If you’ve had questions about size protests and appeals, and how to prepare for them, this is the book for you. It will cover the basic (and advanced) strategies and tips that will help your company put itself in the best possible position to file or respond to a size protest. It will also delve into the size appeal process and help you prepare for a size appeal or to respond to one. Be sure to mark your calendars and stay tuned for more details!
SmallGovCon Week In Review: June 22 – June 26, 2020
This week, the dust cloud coming to US shores could bring some negative impacts to certain parts of the country, but it could also result in more vivid sunsets and sunrises. There’s often a silver lining but it can take a while to figure out what it is sometimes.
There were also some big impacts and silver linings in the world of federal government contracting this past week. These included an increase in the ceiling of the 8(a) STARS II GWAC, some rumblings from the Pandemic Oversight Committee and how it will track spending, and updates on how the CMMC application process will work for future cyber assessors.
Continue reading…GAO Holds that Protest Was Late Despite Post-Debriefing Questions
Some contractors mistakenly believe that debriefings or post-debriefing questions always extend the deadline for filing a protest with GAO. In some cases they do, but in others they don’t.
In cases where they don’t, a protester must file its protest within 10 days of knowing the basis for its protest. Otherwise, GAO will dismiss the protest as untimely, without any regards to the protest’s merits.
Continue reading…