Agency Not Required To Re-Open Discussions To Address New Weakness

A procuring agency is not required to re-open discussions to address a weakness first presented in an offeror’s revised proposal.

In a recent bid protest decision, the GAO held that an offeror was not entitled to an additional round of discussions when an agency assigned the offeror a significant weakness for an item first included in the offeror’s revised proposal.

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SmallGovCon Week In Review: July 27-31, 2015

With July almost over, we are looking forward to the remainder of the summer.  But even in the hottest weather, government contracting news never stops.  In this week’s SmallGovCon Week In Review, a new study pushes back at “bid protest hysteria,” Guy Timberlake continues his important discussion of federal agency classifications, CNN investigates alleged corruption in the AbilityOne program, and more.

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GAO: “Rule of Two” Market Research Must Examine Capabilities

When conducting market research to determine whether a small business set-aside is appropriate under the “rule of two,” a procuring agency must do more than determine whether multiple small businesses are likely to submit proposals–it must also make reasonable efforts to ascertain whether those small businesses are capable of performing the work.

In a recent bid protest decision, the GAO held that an agency had improperly issued a solicitation as a small business set-aside because the agency’s market research did not reasonably consider whether the identified small businesses were capable of performing the contract requirements.

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SmallGovCon Week In Review: July 20-24, 2015

I was on the road during the latter half of last week–first a stop in Columbia, Missouri for a workshop with the Missouri PTAC, and then on to the greater Chicago area, where I gave a presentation at a procurement conference.  My travels prevented me from getting SmallGovCon Week In Review posted on its usual Friday date, so here is a special Monday morning edition of government contracting news and commentary.

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