GAO: Agency Need Not Consider Omitted Past Performance Information

An agency has no obligation to consider outside information bearing on an offeror’s past performance when the offeror fails to include information in its proposal.

In a recent bid protest decision, the GAO concluded that an agency had no obligation in its past performance evaluation or cost evaluation to import and consider favorable information the offeror could have, but did not include in its proposal.

Continue reading…

SDVOSB Fraud: Guilty Plea In “Rent-A-Vet” Case

A Nebraska man has pleaded guilty to fraud and money laundering charges stemming from a SDVOSB “rent-a-vet” scheme under which an ineligible business received 45 SDVOSB contracts.

According to a Department of Justice press release, the man faces up to 24 months in prison and financial penalties.  He and his companies also have been suspended from government contracting and face the likelihood of debarment.

Continue reading…

GAO: Agency Reasonably Considered Subcontractor’s Experience

Absent an express prohibition in the solicitation, the experience of a proposed subcontractor may be considered by an agency in determining whether an offeror meets the solicitation’s experience requirements.

In a recent bid protest decision, the GAO confirmed that the experience of a proposed subcontractor could be considered in an agency’s evaluation because the solicitation did not prohibit the agency from considering the subcontractor’s experience.

Continue reading…

Thank You, Indian Country!

I am back in Kansas after spending two days at the Indian Country Business Summit in Norman, Oklahoma.  On the first day of the summit, I gave a luncheon keynote on legal updates in government contracting.  The second day, I gave a breakout session on prime/subcontractor teaming agreements.

My thanks to Carter Merkle, Dan Little Axe, and their colleagues for hosting this the summit and inviting me to speak.  A big thank you, as well, to all of the conference attendees for making the ICBS such a great event.

After a few weeks at home, I will be traveling to the Washington DC area for the HUBZone National Conference.  If you are a HUBZone firm, I hope to see you there.

Prime Doesn’t Submit Teaming Agreement, Loses Evaluation Credit

A prime contractor submitting a proposal for a design-build project was not entitled to take advantage of the experience of its designer because the prime failed to submit a teaming agreement between itself and the designer.

In a recent bid protest decision, the GAO held that the agency properly viewed the designer as a subcontractor, and acted reasonably–under the specific terms of the solicitation–in refusing to award experience credit for the designer’s work because the prime did not submit a teaming agreement. Continue reading…