GAO: Proposal Strengths Must be Based on Solicitation Criteria, Not Merely Benefit to Government

Posted on August 8, 2019 by Nicole Pottroff

Agencies often find unanticipated, innovative content in offerors’ proposals. And unsurprisingly, those proposals are often the ones selected for award. But a recent GAO decision reminds us that all strengths an agency assigns must be supported by the stated evaluation criteria.

In other words, the solicitation must thoroughly inform offerors of these evaluation criteria, and the agency must equally evaluate offerors under them. An offeror’s proposal should not get extra credit for proposing things that are not anticipated by or logically encompassed in the solicitation.

ASBCA Awards Contractor Compensation for Extra-Contractual Changes

Posted on August 7, 2019 by SmallGovConContributor

Contract changes, particularly in the construction context, can be flash points for the Government and a contractor. In some cases, the Government will assert that the contract requires the contractor to perform certain work; the contractor, pointing to the same (or another) contractual provision, will argue that the contract does not require it.

These diverging positions can sometimes lead to contentious litigation.

Don’t Forget to Submit Invoices on Time, Says ASBCA

Posted on August 6, 2019 by Shane McCall

The government can find many reasons to try and reject a claim. Don’t give them any easy reasons to reject if you can help it. One of those reasons to try and avoid–sending invoices late.

GAO Disagrees with SBA: Consolidation Analysis Not Required for BPAs

Posted on August 5, 2019 by SmallGovConContributor

No, the government isn’t trying to figure out how it can bundle home and auto coverage to save on its insurance premiums. Instead, “consolidation” in the federal government contract context refers to the action of collecting requirements being performed under discrete small business set-aside contracts into a single procurement.

Before an agency may consolidate contracts, it must consider the impacts the proposed consolidation will have on small business participation. Recently, however, GAO was asked to determine whether consolidation analyses are required for Blanket Purchase Order (“BPA”) procurements, and its decision did not adopt the SBA’s position.

SmallGovCon Week In Review July 29, 2019 – August 2, 2019

Posted on August 2, 2019 by SmallGovConContributor

Can you believe it’s already August? Pretty soon, kids will be heading back to school . . . and agencies will begin their fiscal year-end buying spree. In the meantime, we hope you’re enjoying some summer serenity.
Let’s ease into the weekend with the SmallGovCon Week In Review.

In this week’s edition, we’ll explore the government’s growing contracting spend, the government’s planned move away from SAM.gov, an IT procurement fraud ring, and more.

GAO Examines Requirements for Sole-Source Contracts

Posted on August 1, 2019 by Gregory Weber

Sole-source awards can make many contractors feel left out of the loop of the procurement process. GAO in the past has upheld that sole-source contracts are allowable so long as the agency has a reasonable justification for the sole-source contract. 

Recently GAO re-examined what constitutes a reasonable “justification and award” for a sole-source contract. 

GAO: Conversion of Sealed Bid to Negotiated Procurement Doesn’t Cure Untimely Protest

Posted on July 30, 2019 by SmallGovConContributor

As seasoned government contractors know, an impropriety in a solicitation’s terms must be protested before the deadline to submit an offer. If the protest is submitted after the solicitation’s response deadline, the protest will be dismissed as untimely.

GAO recently held that this rule holds true when an agency converts a sealed bid (under FAR part 14) to a negotiated procurement (under FAR part 15).