GAO: VA Rule of Two Doesn’t Apply if Pricing Isn’t Reasonable

GAO recently gave its blessing to a VA decision not to follow the Rule of Two, despite knowing several SDVOSBs would bid. The VA’s decision was based on the contracting officer’s opinion that prices would not be fair and reasonable based on an evaluation of prices and market research.

The decision is important for providing some clarification on what research a contracting officer must undertake to establish that prices will not be fair and reasonable for purposes of the Rule of Two.

Continue reading…

SmallGovCon Week In Review: September 2 – September 6, 2019

College football is back. In Lawrence, that means we got to see what the Mad Hatter could do his first time on the field coaching at KU. As one writer put it, having a new coach makes “people pay at least temporary attention to Kansas football.” I hope the attention lasts a while.

For those needing a break from football, or who always take a break from football, there are some interesting stories from the government contracting gridiron the past week. These include a former U.S. Army colonel sentenced to five years in federal prison for accepting bribes from a a business fraudulently claiming small business status, the ever-growing demand for federal cloud services, and a contractor owning up to overbilling the government for $2.6 million.

Continue reading…

GAO: We’re Not Wrong, But Our Original Recommendation Was Not Right

Whenever GAO issues a bid protest decision, some parties are happier than others. In limited circumstances, however, an unhappy party may petition GAO to reconsider its decision if the outcome was based on errors of either fact or law. It is extremely rare for GAO to reverse itself during a reconsideration request.

That may explain why in a recent reconsideration decision, GAO maintains that its decision was correct based on the facts presented to it, but GAO nevertheless modified its recommendations substantially in the face of new facts.

Continue reading…

Plan Ahead to Prevent Proposal Submission Issues, Says GAO

When submitting bids, contractors should always double check their proposal submission methods, whether it be a designated portal, email, or any other method, and do so well before the deadline.

GAO recently had the opportunity to examine proposal submission issues related to a US Navy procurement, and did not show sympathy for the contractor who experienced proposal submission issues right at the deadline.

Continue reading…