GAO To Contractors: Use Your Own Words

Posted on December 7, 2015 by SmallGovCon Contributor

In a recent decision, the GAO played seventh-grade English teacher, reminding offerors to use their own words to get full proposal-writing credit.

In the case of Res Rei Development, Inc., B-410466.7 (Oct. 16, 2015), the agency found a proposal unacceptable because, in its view, the offeror had simply restated the terms of the solicitation. The GAO agreed with the agency’s decision, writing that a proposal that merely restates the requirements of the solicitation without adding detail and insight into how the offeror would manage and execute the contract can be found unacceptable.

SmallGovCon Week In Review: November 30-December 4, 2015

Posted on December 4, 2015 by Steven Koprince

We hope that all of our readers had a wonderful and relaxing Thanksgiving. While we are looking forward to seeing what 2016 brings, we continue to bring you our weekly dose of government contracting news and notes for the remainder of the year.

In this week’s edition of SmallGovCon Week In Review, a look at ever-increasing regulatory burdens on contractors, the American Legion endorses a proposal to increase veteran-owned contracting, the Government recovers $3.5 billion in False Claims Act cases, and more.

GAO To Protesters: Check Your (Spam) Email

Posted on December 3, 2015 by SmallGovCon Contributor

GAO’s filing deadlines are strict, and a protest that does not abide by them generally will be dismissed. In All Native, Inc., B-411693 et al. (Oct. 5, 2015), the GAO expanded upon this rule by dismissing a protest where the protester missed a filing deadline by a single day. In doing so, the GAO refused to extend the deadline merely because the GAO’s email setting that deadline apparently ended up in the protester’s “spam” email folder.

SBA Size Protests: SBA Need Not Seek “Outside Sources” Of Information

Posted on December 2, 2015 by Steven Koprince

When the SBA evaluates a size protest, it need not obtain and consider “outside sources” of information–that is, information that is not provided by the protester or the protested business.

A recent decision of the SBA Office of Hearings and Appeals highlights the need for a size protest to include specific, detailed information about why the protested firm is alleged to be “other than small.” If the protester does not include information from outside sources, the SBA is not required to seek out such information on its own.

Ostensible Subcontractor Rule: Hiring Subcontractor’s Project Manager Didn’t Create Affiliation

Posted on November 25, 2015 by Steven Koprince

Ostensible subcontractor affiliation was not created when the small prime contractor proposed to hire its subcontractor’s current employee to serve as the prime contractor’s project manager.

In a recent size appeal decision, the SBA Office of Hearings and Appeals held that, where the prime contractor would retain supervision and control of contract performance, the prime contractor was not dependent on its subcontractor for contract management.

VA & Kingdomware Agree: Supreme Court Case Isn’t Moot

Posted on November 24, 2015 by Steven Koprince

The VA and Kingdomware Technologies Inc. haven’t agreed on much in recent years, but in briefs filed with the Supreme Court on November 20, 2015, they agree on one thing: the pending Kingdomware Supreme Court case is not moot.

Hopefully, the fact that neither party wants the case dismissed on a technicality will help convince the Court to decide Kingdomware on the merits.

SmallGovCon Week In Review: November 16-20, 2015

Posted on November 20, 2015 by Steven Koprince

After a busy week of travel to Pittsburgh for the 2015 National Veterans Small Business Engagement, I have returned to the office to get you caught up on this week’s top government contracting news. In this week’s SmallGovCon Week In Review, the House of Representatives adds veterans to the list of disadvantaged companies under the DOT DBE program (but not everyone is happy about it), a look at how a decline in defense spending will impact contractors, the Government starts the process of looking for alternatives to DUNS numbers, and much more.