GAO Clarifies Timeliness Rules for Email Notice of Agency-Level Protest

Posted on August 27, 2019 by SmallGovConContributor

You can access the internet from your couch, the skies above, and even from space. This means that you can also access your emails from each of these locations. I am sure that some of you have received emails from GAO, an agency, or a contracting officer on your phone in the last month. You may even be reading this blog while on the go. In our ever-connected world, is it possible to establish “regular business hours” and truly disconnect when it comes to emails?

As it turns out, GAO says you can.

No Time for Sleep? GAO says Short Bid Window was Reasonable

Posted on August 26, 2019 by SmallGovCon Contributor

The protester in a recent mattress procurement case won’t sleep easy after GAO’s decision. In Warrior Service Company, B-417612 (Aug.16, 2019), GAO reminded protesters that one week can be a reasonable amount of time to allow bids.

SmallGovCon Week In Review August 19, 2019 – August 23, 2019

Posted on August 23, 2019 by Shane McCall

It’s Friday, and that means its time for another round of SmallGovCon updates as you ease on into your weekend. Hope everyone has a great one and enjoys these last few weekends of summer!

Read on for some important updates from the government contracting world, including an amended solicitation for the Alliant 2 Small Business IT contract, discussions about how best to put data in the cloud, and satisfactory CPARS ratings.

Court Denies Protest of Procurement, Holds Dept. of Education Had Rational Basis

Posted on August 22, 2019 by SmallGovConContributor

The Court of Federal Claims recently wrote that “[t]here is no such thing as a perfect procurement.” To anyone familiar with federal government contracts, this commentary states the obvious.

But springing from the Court’s observation is another important reality: “a flawed procurement is not necessarily an illegal one.”

Congress Expected to Reject Section 809 Panel Recommendation to Eliminate Small Business Set-Asides

Posted on August 20, 2019 by Shane McCall

As we wrote about, the Section 809 Panel had recommended that Congress eliminate most small business set-asides for DoD acquisitions. The Panel suggested replacing small business set-asides with a five percent small business price preference.

It looks like Congress heard our concerns—and those voiced throughout industry—and will reject this suggestion.

Miscalculation of Subcontracting Percentage Leads to Sustained Protest

Posted on August 20, 2019 by Shane McCall

Agencies and contractors must do their math right (even fractions) when evaluating proposals against solicitation terms, and GAO will call them on it if they don’t.

GAO recently sustained a protest where an agency improperly calculated a small business subcontracting percentage by including the prime contractor’s fee as part of the subcontracted costs when the fee shouldn’t have been included.

NNSA Does Not Utilize Unique Contractor-Exclusion Authority, GAO Finds

Posted on August 19, 2019 by SmallGovConContributor

It comes as little surprise that when it comes to nuclear security, the FAR’s full and open competition requirements take a backseat. To this end, Congress temporarily granted the Department of Energy authority to exclude contractors from nuclear weapons and security system procurements to preserve the integrity of the supply chain.

A recent GAO report, however, reveals the Department of Energy is not utilizing this unique procurement authority.