GAO Bid Protest Effectiveness Hits 47%–So Why Doesn’t Bid Protest “Reform” Address Government Shortcomings?

Posted on November 16, 2017 by Steven Koprince

GAO bid protests succeeded almost half the time in Fiscal Year 2017.

According to the GAO’s latest Bid Protest Annual Report, the effectiveness rate of GAO bid protests was 47% in the recently-completed fiscal year. The statistics are striking, because they come just as Congress is finalizing the 2018 National Defense Authorization Act, which includes measures aimed at reducing bid protests. But with bid protests succeeding at a nearly 50% clip, why does the protest “reform” debate seem to center almost entirely on discouraging contractors to protest, rather than on decreasing the number of flawed source selection evaluations?

Not Reading the PWS is a Bad Idea, ASBCA Confirms

Posted on November 15, 2017 by Steven Koprince

Here at SmallGovCon, we often write about nuanced, complex government contracting legal issues. This isn’t one of them.

The moral of today’s story comes straight from the personal superhero files of Captain Obvious: not reading the performance work statement in your own contract is a pretty bad idea.

Sorry: No GAO Protests of U.S. Mint Procurements

Posted on November 14, 2017 by SmallGovConContributor

As a branch of the Treasury Department, the United States Mint would usually be subject to federal procurement laws, like bid protests. As one contractor recently discovered, however, certain activities at the Mint have been exempted from many federal procurement laws, including GAO protest review.

Simply put, the GAO can’t decide a bid protest of Mint procurements.

Protest Sustained: Unequal Discussions In $283 Million Census Task Order Award

Posted on November 14, 2017 by Shane McCall

When an agency opens discussions with offerors, those discussions must be fair.

In a recent decision, GAO recommended the reopening of competition for a contract worth up to $283 million based, in part, on a finding that an agency had engaged in misleading and unequal discussions.

ASBCA: Under FAR, “Days” Meant Calendar Days, Not Business Days

Posted on November 13, 2017 by Steven Koprince

The period of performance under a government contract, measured in “days,” meant calendar days–not business days, as the contractor contended.

In a recent decision, the Armed Services Board of Contract Appeals applied the FAR’s general definition of “days” in holding that a contractor had not met the contract’s performance schedule.

SmallGovCon Week in Review: November 6-10, 2017

Posted on November 10, 2017 by Steven Koprince

Happy Veterans Day to all our SmallGovCon readers. We hope that you will take some time today and tomorrow to honor the strength, loyalty and commitment that our brave veterans dedicated to this country. Veterans, we are deeply grateful for your service.

This edition of SmallGovCon Week In Review brings a look at six large companies with a high reliance on government contracts, the “Amazon Amendment” and how Amazon is looking to expand it’s operations through government procurement, the removal of Fair Pay and Safe Workplaces Rule, tips for WOSBs to succeed in the federal marketplace, and much more.

Binding Arbitration in Employment Contracts? Not in Some Federal Government Work

Posted on November 9, 2017 by SmallGovConContributor

Asking new employees to sign arbitration agreements is common in the commercial business world. But it can be a big no-no in government contracting.

In a recent bid protest decision, GAO sustained a protest where a Reston, Virginia company required its proposed key personnel to sign binding arbitration agreements. In other words, requiring key personnel to arbitrate employment disputes cost the original awardee a $41 million contract.