GAO: Past Performance Evaluation Not Required In LPTA Set-Aside Competition

An agency was not required to evaluate past performance under an SDVOSB set-aside solicitation that contemplated making award to the lowest-price, technically-acceptable offeror.

According to a recent GAO bid protest decision, a past performance evaluation in the context of an LPTA set-aside is essentially duplicative of the agency’s evaluation of responsibility, meaning that a separate past performance evaluation isn’t necessary.

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SmallGovCon Week In Review: March 5 – 9, 2018

I am back in Kansas after spending some time in sunny Florida for the APTAC Spring 2018 Training Conference in Jacksonville. Next week, I hit the road again, this time to not-so-sunny (but still awesome) Washington State, where I’ll be giving a session at the 2018 Alliance Northwest Conference in Puyallup, WA.  If you are attending the event, please be sure to connect.

Now it’s time for the latest and greatest in government contracting.  In today’s edition of the SmallGovCon Week in Review, the Pentagon has reportedly slashed a contract worth almost $1 billion that was awarded last month, a former contractor has been convicted of retaining classified information, the DOJ launches a national FOIA portal, and much more.

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Thank You, APTAC!

I am back in Kansas after a fantastic trip to Jacksonville, Florida, where I spent yesterday at the Association of Procurement Technical Assistance Centers Spring Conference. My morning general session focused on important recent developments in government contracting–everything from key provisions of the 2018 National Defense Authorization Act to the impact of the RAND Corporation’s bid protest report.

It was great to see so many familiar faces.  Thank you to all of the wonderful PTAC counselors who attended the session and asked great questions during the presentation and after.  A big thanks to Scott Knapp of our local Kansas PTAC, who provided a warm introduction.  And a special thank you to the attendees who took my advice and really did “live Tweet” about the great pink tie my daughter gave me last Father’s Day!

Spending time with the PTACers is always one of the highlights of my professional year.  If you’re a government contractor who hasn’t yet connected with your local PTAC, you’re missing out.  Visit the APTAC homepage to find out more.

SmallGovCon Week In Review: February 26 – March 2, 2018

March has arrived, and soon it will be time for all the March Madness fun.  But first, I will be heading to sunny Florida for the APTAC Spring 2018 Training Conference on Monday.  If you’re a PTAC counselor, I hope to see you there.

In today’s edition of the SmallGovCon Week in Review, an Atlanta-based company that failed to deliver millions of emergency meals to Puerto Ricans struggling to recover from Hurricane Maria may have plagiarized its winning bid, a former quality-control officer who demanded kickbacks from construction businesses he monitored is going to prison, Guy Timberlake takes a look at the use of Product Service codes, and much more.

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GAO: Understated Pricing Alone Isn’t “Unbalanced Pricing”

Under the FAR, unbalanced pricing may increase performance risk and can result in the government paying unreasonably high prices.  But the concept of unbalanced pricing is often misunderstood in practice.

As the GAO wrote in a recent bid protest decision, unbalanced pricing doesn’t exist merely because some of an offeror’s line item prices are low.  Rather, unbalanced pricing requires both understated and overstated line items–that is, some line items appear too high while others appear too low.

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