Take Two? GAO Grants Reconsideration of Cost Claim

Posted on February 20, 2020 by SmallGovConContributor

Requests for reconsideration are rarely granted by GAO and reconsideration of cost claims is even more unique. But GAO recently granted one of these unicorns–recommending additional reimbursement of more than $20,000 to the protester.

It’s Tough to Challenge a Corrective Action

Posted on February 19, 2020 by Shane McCall

For a protester, a corrective action from the agency is a win. It gives the protester another bite at the apple to possibly win a contract award. But for the initial awardee, a corrective action has some unfortunate consequences, the dreaded double whammy.

Besides the obvious–losing the award–the former awardee’s price is usually revealed to the other competitors. Could this give the competitors a leg up when proposals are resubmitted as part of the corrective action? Yes. Does this amount to a flaw in the corrective action such that GAO will sustain a protest over it? Not likely.

5 Things You Should Know: CMMC

Posted on February 18, 2020 by SmallGovConContributor

CMMC has been a hot topic for federal government contractors of late, for good reason: once CMMC is rolled out, contractors under a particular Defense Department procurement must meet the applicable cybersecurity level, or they’ll be considered ineligible.

But in case you’re still wondering what CMMC is and why it matters, let’s take a closer look. Here are five things you should know about the Department of Defense’s new Cybersecurity Maturity Model Certification (“CMMC”).

SmallGovCon Week In Review: February 10 – February 14, 2020

Posted on February 14, 2020 by Shane McCall

Happy Valentine’s Day SmallGovCon readers! Hope you have a great one!

This week, we’re really loving some federal contracting updates, including a piece questioning the impact of enhanced debriefings, e-commerce supply chain risks, and a 57-month prison term for defrauding subcontractors on federal contracts to the tune of $3.7 Million.

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

Posted on February 13, 2020 by Nicole Pottroff

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.

Agency Bungles Proposal Evaluations; GAO Sustains Protest and Awards Costs

Posted on February 12, 2020 by SmallGovConContributor

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.