GAO: If You Weren’t Prejudiced, We Won’t Sustain Your Protest

Posted on January 31, 2020 by SmallGovCon Contributor

Much like schoolyard basketball, bid protests feature a “no harm, no foul” rule: unless an offeror can credibly allege that it was prejudiced by a flawed evaluation, GAO won’t sustain a protest.

Establishing prejudice can be tricky, depending on the type of evaluation at issue. Under a lowest-price technically acceptable award, a protester generally must show that it was next-in-line for the award (that is, it was technically acceptable and had the next-lowest price, after the awardee). Best value awards, on the other hand, are a bit more flexible: usually, the protester must establish that the evaluation flaw adversely affected its competitive standing.

A recent GAO decision, however, highlights that these two means of establishing prejudice aren’t always distinct.

SmallGovCon Week In Review: January 27 – January 31, 2020

Posted on January 31, 2020 by Shane McCall

There is one thing (other than legal issues) on the mind of many of us at Koprince Law this week–the Super Bowl! The Chiefs return to the Super Bowl for the first time since 1970. Hope it’s a good game and those supporting KC will have the right to party!

But I’ve got at least one part of my mind on federal contracting updates, including multiple items about the new CMMC cybersecurity rules, the aftermath of the most recent government shutdown, a group of sham companies sold the US Navy $2.7 million worth of nothing and as always, contractors behaving badly.

GAO Sustains Protest Where Single FSS Contract Didn’t Extend Long Enough to Cover Awarded BPA

Posted on January 29, 2020 by SmallGovConContributor

If you are a Federal Supply Schedule contract holder competing for a BPA, then there’s an important principle that you should bear in mind: your underlying FSS contract should cover the entire anticipated duration of the blanket purchase agreement, including all option years.

And don’t try to provide this coverage with two different FSS contracts. That will get you into trouble–as one unfortunate contractor recently found out.

The Basics: Socioeconomic Sole Source Awards

Posted on January 28, 2020 by SmallGovConContributor

Just last week during a Govology webinar on Women-Owned Small Businesses, one of the attendees asked an insightful question about the different standards for giving sole source awards to participants in various government programs. She wanted to know the difference between how contracting officers go about offering an 8(a) sole source award and a WOSB sole source award.

So, let’s take a look, shall we?

Special Operations or Paint Ball? Protester Argues Solicitation is Ambiguous

Posted on January 27, 2020 by SmallGovConContributor

Solicitations are intended to provide contractors with sufficient information about an agency’s needs to compete intelligently for government awards. In a recent procurement for special operations forces training facilities, one bidder alleged the solicitation provided so little detail that the solicited site “might just as well be a thrown-together paintball site for teenage birthday parties.”

Clearly in no mood to party, GAO denied the protest, taking the agency at its word that its requirements were minimal.

This Just In! SBA Provides Updates on WOSB Certification Changes

Posted on January 27, 2020 by SmallGovCon Contributor

Last May, we reported on proposed changes to the SBA’s Women Owned Small Business Program Certification Process. Now, the SBA’s website includes updated information about what those changes may mean for existing and new WOSBs.

SmallGovCon Week In Review: January 20 – January 24, 2020

Posted on January 24, 2020 by Shane McCall

Around these parts, we’re counting down the days to the Super Bowl, where we can watch our hometown Chiefs hopefully win their first one in half a century. But in the mean time, we’re still keeping a watchful eye on all things government contracting so we can keep our readers on track.

This week, articles include using AI to help evaluate contractor past-performance data, contractors don’t understand the new DOD cybersecurity requirements, and sharing data about security clearance checks.