GAO sustained a protest recently where the agency seemed to think that a reasonable cost was also a realistic cost.
That is not necessarily so.
Continue reading…Corrective Action Following Dismissal Request Doesn’t Mean Protester Gets Costs Reimbursed, Says GAO
While GAO’s bid protest process is designed to achieve the laudable goal of providing a less costly process for procurement disputes, pursuing a GAO protest is nevertheless expensive. To offset these expenses, successful GAO protesters may be reimbursed for some of their expenses incurred pursuing a protest.
But what constitutes a successful protest that would entitle a protester to costs? In a recent request, GAO concluded that successfully defending against a motion to dismiss was not enough to entitle a party to costs, despite the fact that the agency subsequently took corrective action.
Continue reading…SmallGovCon Week In Review: February 24 – February 28, 2020
Here in Lawrence, KS, we’re starting to prepare for March Madness–our hometown Hawks are number 1 in the nation. But government contracting is never far from the minds of our attorney-authors. Next week, on March 5, 2020, Nicole Pottroff will be discussing the Buy American Act, Berry Amendment, and Trade Agreements Act for a Govology Webinar. Be sure to put that one on your calendar.
This week saw some intriguing updates in the government contracting world, including a great piece about the father of the 8(a) Program, the security clearance backlog and what is being done about it, and GAO reverting back to its old website.
Continue reading…DoD SDVOSB Contracts: OIG Reports Major Problems
The Department of Defense Office of Inspector General (OIG) recently released an audit report about Service-Disabled Veteran-Owned Small Business Contract Awards at DoD . The report noted major concerns with how DoD is confirming eligibility for SDVOSB contract awards as well as monitoring subcontracting limitations.
These concerns could lead to increased monitoring and enforcement, so SDVOSB contractors should be keen to see what the report unearthed.
Continue reading…Too Late for Take-Backs: Ostensible Subcontractor Analysis Won’t Consider Post-Proposal Changes
In Warrior Service Company, LLC, SBA No. SIZ-6046 (Jan. 24, 2020), the SBA reminded small business contractors that it determines whether a contractor has violated the ostensible subcontractor rule as of the date of bid submission; SBA won’t consider any changes that come later.
Continue reading…It’s Not Up to Agency to Clarify Layout and Printing Errors in Proposals, Says GAO
It is well understood that offerors must submit proposals that meet the procuring agency’s requirements, including any page limitations set by the solicitation. But what if an offeror’s proposal contains an obvious layout and printing error that inadvertently puts required information outside the established page limits? Does the agency have a duty to seek clarifications or allow corrections?
GAO says no.
Continue reading…Federal Circuit Interprets the FAR’s Trade Agreement Act Clause
It’s relatively rare for the United States Court of Appeals for the Federal Circuit (an intermediate federal appeals court immediately below the Supreme Court) to weigh in on the Trade Agreements Act, as it applies to federal government contracts.
So, when we saw the Federal Circuit’s recent decision on the issue, we had just one thought: this has to make the blog. So, here it is.
Continue reading…