GAO: Agencies Can’t Blindly Rely on Adjectival Ratings to Make Award Decisions

In evaluating proposals, an agency will sometimes use “adjectival ratings” (e.g., Excellent, Good, Acceptable) to describe its assessment of a proposal or portions of a proposal. But, importantly, an agency cannot evade its responsibility to reasonably evaluate proposals–based on the articulated evaluation criteria–by deferring solely to the assigned adjectival ratings.

In other words, if the agency doesn’t perform a true qualitative assessment, but instead relies on mere labels to make its ultimate award decision, GAO will likely slap the agency’s hand.

Continue reading…

Five Things You Should Know: Registering in SAM.gov

Editor’s note: For more information, check out our updated post on registering in SAM.gov.

Everyone involved with government contracting knows, or should know, a little bit about registration in SAM.gov. Registration is now required for ALL federal contractors at the time they submit bids.

This blog post provides you with 5 things you should know about registering in SAM.gov.

Continue reading…

SmallGovCon Week In Review February 25 – March 1, 2019

Holy smokes, can you believe it’s already March? In just a few short weeks, spring will (finally) be here and Q1 will be at an end.

We hope that you’re gearing up for a nice weekend. But before you punch out, let’s take a look at the-week-that-was. In this edition of the Week In Review, we’ll try to put a maligned website out of its misery, look at increasing cybersecurity requirements, and explore a new Pentagon contract.

Have a great weekend!

Continue reading…

Agencies Must Not Delay Evaluating the Merits of Protests, Says GAO

It is decently well-established that GAO will recommend protesters be reimbursed for protest related costs when an agency unduly delays in taking prompt corrective action. In a recent GAO decision, however, the Navy argued the question of undue delay should be evaluated from the time the Navy fully understood the extent of its error, not the initiation of the protest.

GAO was not convinced.

Continue reading…

Section 809 Panel Recommends Changes to Domestic Purchase Preferences

The Section 809 panel is the Congressionally-mandated group that has made a number of far-reaching recommendations to change current programs that affect DOD acquisitions.

Another one of their ideas is to eliminate certain domestic purchasing preferences by having Congress create exceptions for DOD purchases and create a public interest exception for the Berry Amendment. The panel’s concern is that the purchasing restrictions can result in higher prices, reduced volume, or delivery delays.

Continue reading…

Inconsistency Killed the Cat: GAO Sustains Protest Where Agency Inconsistently Evaluated Proposal

GAO generally defers to an agency’s judgment when it comes to the evaluation of proposals. This deference flags, however, when an agency evaluates competing proposals inconsistently; or, in other words, treats offerors disparately.

Let’s take a look at how GAO, in a recently sustained protest, found that the agency’s evaluation was unreasonable.

Continue reading…