GAO: Protest Sustained Where Agency Improperly Applied Adjectival Ratings

Posted on September 6, 2018 by SmallGovConContributor

Recently, GAO sustained a bid protest where the ratings assigned to the unsuccessful offeror’s proposal did not conform to the definitions identified within the Solicitation.

For those of you frequent the blog, you may recall earlier this year when we blogged on GAO’s decision in Immersion Consulting, LLC, B-415155 et al. (Dec. 4, 2017) where the Source Selection Authority had unilaterally revised the Source Selection Evaluation Board’s evaluation prior to making an award decision. GAO sustained the protest and instructed the agency to reevaluate proposals. This same procurement was subject to another round of protests following the agency’s reevaluation.

DoD Increases Micro-Purchase Threshold to $10,000, Effective Immediately

Posted on September 5, 2018 by Steven Koprince

The Department of Defense has issued a class deviation raising the micro-purchase threshold to $10,000, effective immediately.

The increase implements Section 821 of the 2019 National Defense Authorization Act, which was signed into law last month.

5 Things You Should Know: Size Protests and Appeals

Posted on September 4, 2018 by SmallGovConContributor

See our updated post on this topic here.

Koprince Law recently gave a presentation on small business size and affiliation issues the Contract Opportunities Center. This presentation got us thinking: “Wouldn’t our loyal SmallGovCon readers want to know 5 Things about size protests and appeals?”

“Of course they would!” we immediately answered our own internal monologue. “After all, who wouldn’t?”

Here are 5 Things You Should Know about size protests and appeals:

SmallGovCon Week in Review: August 27-31, 2018

Posted on August 31, 2018 by SmallGovConContributor

The Labor Day weekend is inching closer! Before you enjoy the unofficial end of summer, let’s take a look at the SmallGovCon Week in Review.

This week’s edition includes suggestions for interacting with a Contracting Officer Representative, a proposed DFARs amendment, contractors behaving badly, and more.

Have a great weekend!

Government’s Default Termination Threat Was Improper Coercion, Says ASBCA

Posted on August 28, 2018 by Steven Koprince

The Government improperly threatened to terminate a contractor for default, because there was no good reason to believe the contractor had actually defaulted.

In a fascinating new decision by the Armed Services Board of Contract Appeals, the Government’s threat–made to a contractor with cash-flow issues–amounted to coercion, and invalidated a settlement agreement that awarded the contractor much less than it probably should have received.

CO Identifies Wrong Appeals Board, Appeal Dismissed Anyway

Posted on August 27, 2018 by Steven Koprince

An Air Force Contracting Officer, asked by a contractor where to send an appeal, provided the contractor with information about the Civilian Board of Contract Appeals, not the Armed Services Board of Contract Appeals.

Despite the Contracting Officer’s erroneous advice, the CBCA dismissed the appeal for lack of jurisdiction.

SmallGovCon Week in Review: August 20-24, 2018

Posted on August 24, 2018 by SmallGovConContributor

We’re in the final stretch! There are only about 5 weeks left in the fiscal year, which means the lives of government contractors are about to get more chaotic. But as August draws to a close, I hope you’re able to have a relaxing weekend; let’s get it started off right with the SmallGovCon Week in Review.

This week’s edition discusses an update on the ban of Kasperky anti-virus software, continuing uncertainty about GSA’s effort to re-bid SAM.gov, a contractor sentenced under a rent-a-vet scheme, and more.

Have a great weekend!