GAO: Solicitation Terms Trump Standard Industry Practice

Posted on June 23, 2016 by Steven Koprince

An offeror’s proposal must conform to all technical requirements of an agency’s solicitation–even if the offeror believes those requirements to differ from standard industry practice.

In a recent bid protest decision, the GAO held that an agency appropriately rated an offeror’s proposal as technically unacceptable because the offeror failed to conform to certain material solicitation requirements; the offeror’s insistence that those requirements varied from standard industry practice was irrelevant.

VA Will “Immediately Comply” With Kingdomware Decision

Posted on June 22, 2016 by Steven Koprince

The VA will “immediately comply with the Court’s decision” in Kingdomware Technologies, Inc. v. United States, according to a top VA official.

In written testimony offered in advance of a Senate committee hearing tomorrow, the Executive Director of the VA’s Office of Small and Disadvantaged Business Utilization tells Congress that the VA will work to implement the Kingdomware decision, including by improving its market research processes.

Awardee’s Bait And Switch Leads To Sustained Protest

Posted on June 22, 2016 by SmallGovCon Contributor

Ordinarily, whether an offeror’s proposed personnel actually perform under a contract is a non-protestable matter of contract administration. But GAO will consider the issue when an offeror proposes personnel that it did not have a reasonable basis to expect to provide during contract performance in order to obtain a more favorable evaluation. Such a “bait and switch” amounts to a material misrepresentation that undermines the integrity of the procurement and evaluation.

That’s exactly what happened in a recent protest, where the GAO disqualified the awardee from competition after determining that its proposal misrepresented the incumbent employees’ availability to continue working under the contract.

SmallGovCon Week In Review: Kingdomware Edition

Posted on June 17, 2016 by Steven Koprince

Yesterday was a huge victory for SDVOSBs and VOSBs, as the Supreme Court unanimously ruled that the VA’s “rule of two” is mandatory, and applies to all VA procurements – including GSA Schedule orders.

The Kingdomware decision has drawn news coverage and discussion from across the country. This special Kingdomware edition of the SmallGovCon Week In Review collects some of the many articles on this important precedent. Enjoy!

SmallGovCon Week In Review: June 13-17, 2016

Posted on June 17, 2016 by Steven Koprince

It’s been a wild week in the world of federal government contracting. Yesterday the Supreme Court issued two major decisions affecting contractors: Kingdomware Technologies, Inc. v. United States and Universal Health Services v. United States ex rel. Escobar. If you’re a regular SmallGovCon reader, you know that I’ve been following Kingdomware closely for years, and we will have a separate post later today with reaction to Kingdomware from around the country. But Escobar is an important decision too, so don’t miss out on the coverage of that case.

In addition to coverage of Escobar, this week’s SmallGovCon Week In Review features a major new rule prohibiting contractors from discriminating on the basis of sex, GSA adding a new category on IT Schedule 70, the indictment of a former GSA director and many more.

Victory! SDVOSBs Win In Kingdomware Supreme Court Decision

Posted on June 16, 2016 by Steven Koprince

SDVOSBs and VOSBs are big winners today, as the Supreme Court unanimously ruled that the VA’s “rule of two” is mandatory, and applies to all VA procurements–including GSA Schedule orders.

The Supreme Court’s decision in Kingdomware Technologies, Inc. v. United States, No. 14-916 (2016) means that the VA will be required to truly put “Veterans First” in all of its procurement actions–which is what Kingdomware, and many veterans’ advocates, have fought for all along.

Breaking: Kingdomware Wins Unanimously!

Posted on June 16, 2016 by Steven Koprince

SDVOSBs, rejoice! Kingdomware Technologies has unanimously won its Supreme Court battle against the VA. The Court has held that the VA’s “rule of two” is mandatory and applies to all of the VA’s contracting determinations.

I’ll have much more analysis up on SmallGovCon in the coming hours. For now, congratulations to Kingdomware–and all SDVOSBs and VOSBs!