As we’ve written about on the blog, SDVOSB regulations were consolidated under the SBA’s rules beginning October 1, 2018, and those changes included some good and bad changes. We recently noticed a single letter in one of the changes that, while most likely a typo, could potentially affect the meaning of one part of the new regulation.
Continue reading…GAO Dismisses Protest Where Proposal was Unacceptable
In a protest before GAO, prejudice is an essential element. Even if GAO might agree that an agency’s action was improper, it will not sustain a protest where the protester would not have received the award anyway.
That’s what happened in the protest of Benaka Inc., B-416836 et al. (Dec. 16, 2018).
Continue reading…GAO: Contractors – Not the Agency – Must Know Applicable Local Laws
Agencies must draft solicitations and RFPs with enough detail that prospective offerors can determine if they are qualified to perform the work as well as be able to submit an educated offer.
But how much detail is the agency required to provide in a solicitation? In some cases, GAO has allowed fairly generic language to suffice.
Continue reading…GAO Sustains Protest Where Agency Failed to Reasonably Evaluate Past Performance
GAO defers to agencies on many issues related to their procurements. But GAO will intervene when an agency says one thing, in a solicitation, but does another when it evaluates proposals. In other words, GAO will sustain protests when the agencies disregard their own evaluation criteria outlined in a solicitation.
Otherwise, the agency might–even inadvertently–evaluate proposals unequally–a situation that a just and fair procurement system must avoid.
Continue reading…SmallGovCon Week In Review December 17-21, 2018
Happy Holidays! Between all the shopping, baking, and decking the halls, it seems to be the busiest day of the year.
As we write this post, the federal government is on the verge of a partial shutdown. On behalf of our clients and friends, we hope that doesn’t happen.
In this edition of the Week In Review, there is a lot of criticism regarding government spending, the Pentagon gets a reminder to pay attention to its contractors, and the battle between Amazon and defense officials gets messy.
Merry Christmas and Happy Holidays to you and yours!
Continue reading…BPA Awardees Cannot Challenge Fellow Awardees, GAO Says
To file a viable bid protest at GAO, the protester must be an “interested party.” Intuition might say that an awardee under a multiple-award vehicle like a blanket purchase agreement should be able to protest other awardees, right?
The GAO recently held otherwise.
Continue reading…OHA Denies First-Ever VA SDVOSB Status Protest
The Small Business Administration Office of Hearings and Appeals has denied a protest of the service-disabled veteran-owned small business status of a company seeking to perform work for the U.S. Department of Veterans Affairs.
The decision was not particularly controversial or otherwise notable in and of itself. What is notable is that this was the first VA-status SDVOSB protest decision ever issued by OHA.
Continue reading…