SmallGovCon Week In Review: Dec. 2-6, 2013

Posted on December 6, 2013 by Steven Koprince

After a Thanksgiving hiatus (which I spent enjoying traditional American pastimes such as eating and watching football, rather than reading bid protest decisions), it’s time to get back to government contracts news.

In this week’s SmallGovCon Week In Review, the VA has cancelled the contract of the company performing SDVOSB verifications. The implications are anyone’s guess, but they probably aren’t good–and Jill Aitoro’s story in the Washington Business Journal is a “must read” for all SDVOSBs. Other news and commentary of note includes a new GSA sourcing plan, a breakdown of 8(a) STARS II numbers, “crazy subcontractors” and more.

SDVOSB Confusion: A Federal News Radio Discussion

Posted on December 4, 2013 by Steven Koprince

The government’s use of two separate SDVOSB programs–with differing rules and requirements–has caused widespread confusion among the very veterans the programs were designed to assist.

Yesterday, I joined Francis Rose of Federal News Radio for a conversation about the government’s two SDVOSB programs. You can download my audio segment on the Federal News Radio website, and catch Francis every weekday from 4:00 to 7:00 p.m. Eastern on Federal News Radio.

Small Business’s “Hardship” Payment Request Leads To Rejected Proposal

Posted on December 3, 2013 by Steven Koprince

A small business’s so-called “hardship request” to vary a solicitation’s payment scheme caused the procuring agency to reject its proposal.

In a recent bid protest decision, the GAO upheld the agency’s decision, holding that the small business’s proposal was, at best, ambiguous about whether the small business would comply with the solicitation.

Agencies Need Not Mention High Price In Discussions, Says Federal Court

Posted on December 2, 2013 by Steven Koprince

A procuring agency need not inform an offeror, as part of discussions, that the offeror’s price is higher than those of its competitors. According to a recent ruling of the Court of Federal Claims, the only exception is if the offeror’s price is so high as to preclude award to the offeror–an “unreasonable” price, in FAR parlance.

The Court’s decision in Lyon Shipyard, Inc. v. The United States (Nov. 27, 2013) comes on the heels of a recent GAO decision reaching a similar result.

“Not To Exceed” Bid Bond Error Sinks Bid

Posted on November 27, 2013 by Steven Koprince

A bid bond containing an erroneous “not to exceed” limit of less than the 20 percent required by the solicitation was defective, and was properly rejected by the procuring agency.

The GAO’s recent bid protest decision in IMR Development Corporation, B-408585 (Nov. 13, 2013) is a reminder that when a bid guarantee is required, a contractor must ensure that the bid bond meets the government’s requirements.

DOE OIG: Mentor-Protege Program Needs Improvement

Posted on November 26, 2013 by Steven Koprince

The Department of Energy’s Office of Inspector General has concluded that the agency’s mentor-protege program requires improvements to maximize benefits for eligible small business proteges.

In a new audit report, the DOE OIG states that it discovered various weaknesses in DOE’s management of its mentor-protege program, including allowing graduated firms to participate as proteges for a second time.

Missing Email Attachment Causes Rejection Of Proposal

Posted on November 25, 2013 by Steven Koprince

How many times have you forgotten to include an attachment in an email? For many of us, it is not an uncommon occurrence.

In the case of one unfortunate contractor, a forgotten email attachment led to the rejection of its proposal–and the GAO upheld the agency’s decision.