SBA Area Office Double Counted Revenue in Denial of 8(a) Application, Says OHA

SBA sometimes makes mistakes in the 8(a) application process, but the appeals process may be able to remedy those miscues. Recently, an applicant appealed the SBA’s denial of her 8(a) status based on net worth. She argued that the SBA Area Office had double counted the value of her rental property, which automatically disqualified her from being found economically disadvantaged.

SBA’s Office of Hearings and Appeals (OHA) agreed and remanded the denial decision.

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Agency Bungles Proposal Evaluations; GAO Sustains Protest and Awards Costs

Bid protests are an important part of the federal government’s procurement system. Why? Because sometimes agencies really get the evaluation wrong. They read non-existent requirements into the solicitation; give credit where none is due; and adjust an offeror’s price without forewarning.

Thankfully, in those cases, we have GAO to make course corrections.

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SmallGovCon Week In Review: February 3 – February 7, 2020

This past week, the whole Kansas City region (including our office) as well as much of the nation, celebrated the Chiefs victory in the Super Bowl. It was a long time coming for the Chiefs, but a well-deserved win.

While perhaps not as exciting as the Super Bowl, this week also saw some intriguing federal contracting stories. Among them, new details on DOD cybersecurity initiatives, continuing GSA schedule consolidation, and the Army and Navy work on a modern contract writing system.

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Protester Argues the Agency Played “The Price Is Right” During Discussions

Negotiating with the federal government regarding pricing can sometimes feel like trying to win an RV from Bob Barker. Such was the experience of one protester. The government recommended a price increase during discussions and the contractor raised its price. The price increase, however, ultimately cost the offeror the award.

The agency’s conduct was subsequently protested before GAO, but GAO was not receptive.

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Federal Supply Schedule Acquisitions Require Price Comparisons to Determine Lowest Overall Cost, Says GAO

In a recent protest, GAO examined the rules for price evaluation and source selection methodology required under the Federal Supply Schedule (FSS) Program. At a minimum, an agency must perform price comparisons to evaluate what vendor will be lowest cost along with any additional features and benefits to the government. Because the FSS solicitation at issue failed to include proper price evaluation terms, GAO sustained a challenge to those terms.

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