SmallGovCon Week in Review: October 22-26, 2018

Posted on October 29, 2018 by Steven Koprince

I was unexpectedly out of the office Friday afternoon, so I didn’t get a chance to post our weekly look at the latest and greatest in government contracting. But better late than never! It’s time for a slightly-delayed version.

In last week’s edition of SmallGovCon Week In Review, we have articles about House representatives requesting investigation of the JEDI contract, a report that suggests the 8(a) program is full of ineligible participants, GSA creates new a Solicitation Review Tool to better ensure contract compliance, and much more.

Happy Monday!

GSA Schedule BPA Award Does not Allow for Size Protest

Posted on October 26, 2018 by Shane McCall

Generally, a size protest must be filed within five business days of when the protester receives notice of the identity of the awardee. But there are some nuances to this rule, such as whether a corrective action will extend the deadline and whether the clock starts running upon notice of the prospective awardee or the actual contract award date (Hint: notice of awardee).

But when does the 5-day protest period start to run in the context of a Blanket Purchase Agreement issued under a GSA Schedule contract? A recent SBA Office of Hearings and Appeals decision is a reminder that the award of a BPA does not trigger a new 5-day period to file a size protest.

GAO: Competition Alone Doesn’t Mean Prices are Reasonable

Posted on October 26, 2018 by Steven Koprince

When the federal government awards a contract, the government must ensure that the price it pays is “fair and reasonable.” In other words, the government cannot pay a price that is too high.

If a contract is awarded on the basis of competitive proposals, an agency may be able to establish price reasonableness by comparing the prices proposed by competing offerors. But as demonstrated in a recent GAO bid protest decision, competition alone doesn’t mean that the prices received are reasonable–the government still must compare offerors’ prices to determine reasonableness.

GAO: WOSB Set-Asides and Sole Sources are Discretionary, not Mandatory

Posted on October 25, 2018 by SmallGovConContributor

Historically, Uncle Sam has struggled to meet its WOSB contracting goals. It wasn’t until 2015, in fact, that the government first met its WOSB contracting goal and, since then, has continued to struggle to meet it.

Thankfully, agencies are authorized to use set-asides and sole-source awards to increase WOSB participation. But as a recent GAO decision shows, an agency isn’t required to use either procedure.

GAO Recommends Successful Protester Be Placed in MATOC Pool

Posted on October 25, 2018 by SmallGovConContributor

Multiple-award task-order contracts are becoming an increasingly common feature of government contracting, and many carry very high ceiling values. This places participation in MATOC awards at a premium.

Unsurprisingly, base MATOC awards are being protested with some frequency before GAO. In a recent decision, GAO provided a unique solution for sustaining MATOC protests without causing substantial disruptions: simply adding the successful protester to the pool.

5 Things You Should Know: Disaster Relief Federal Government Contracting

Posted on October 25, 2018 by SmallGovConContributor

The 2018 Hurricane Season is now in full swing and the damage cost totals continue to rise for our friends on the East Coast. Disasters, like hurricanes, often arise quickly and without much warning, requiring quick responses from the Government and government contractors.

If your small business has been impacted by a natural disaster, or is interested in participating in the rebuilding and relief efforts that follow cataclysmic events by acquiring government contracts, here are five things you should know.

Protester Must Wait for Conclusion of Extended Debriefing to Protest, Says GAO

Posted on October 23, 2018 by SmallGovConContributor

As those familiar with government contracts are undoubtedly aware, ensuring a bid protest is timely filed with GAO is a paramount consideration. GAO takes a particularly dim view of protests not filed in accordance with its timeliness regulations, which can encourage parties to file a protest as quickly as possible. As GAO recently explained, however, in the context of extended debriefings, there is such a thing as filing too soon.