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.

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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.

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SmallGovCon Week In Review: August 26 – August 30, 2019

Here in the Midwest, it seems we’re all looking for the first signs of fall even as summer continues (be that leaves changing color or pumpkin spice sightings).

As we finish up the summer and look towards fall, please enjoy some interesting tidbits from the government contracting world. This week, the FAR is updating rules about electronic transmission of task orders, the Alliant 2 small business contract continues to generate headlines, and agencies are releasing a flurry of solicitations.

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GAO to Agency: Offerors are More than Just a CPARS-Generated Rating Percentage

GAO recently sustained protest to an agency’s FAR Part 13 procurement that relied exclusively on CPARS-generated assessment chart rating percentages to evaluate vendors’ past performance. The agency’s goal was to “maximize competition” by considering all past work, rather than just relevant work.

While there is no FAR Part 13 regulatory prohibition on doing so, GAO found the CPARS charts incomplete and misleading and the evaluation inconsistent with the terms of the solicitation.

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GAO Defers to SBA’s Interpretation of Runway Extension Act

The Runway Extension Act has been a hot topic for federal government contractors. And as of this writing, the issue of the Act’s effectiveness hasn’t been conclusively decided—though SBA says the Act isn’t yet effective, others (including us, in various posts on this blog) have disagreed with this analysis.

A recent GAO decision decided a protest based on the Runway Extension Act.

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