HUBZone Price Preference: GAO Confirms Application to GSA Leases

Posted on October 25, 2012 by Steven Koprince

The HUBZone price preference applies to GSA leasehold acquisitions, according to a GAO decision confirming a prior bid protest ruling.

In General Services Administration–Reconsideration, B-406040.2 (Oct. 24, 2012), the GSA asked the GAO to reconsider its decision in The Argos Group, LLC, B-406040 (Jan. 24, 2012), in which the GAO initially held that the HUBZone price evaluation preference applies to GSA lease acquisitions. The GAO–with the SBA’s support–confirmed its prior ruling, holding that the GSA cannot evade the HUBZone price preference when it issues a competitive procurement to acquire a lease.

Teaming Agreements and Proprietary Information: A Cautionary Tale

Posted on October 24, 2012 by Steven Koprince

Are you taking adequate steps to protect your proprietary and confidential information from misuse by teammates?

If your teaming agreement or non-disclosure agreement requires you to mark proprietary information with a “protected” legend, the answer may be “no.” Although many standard teaming agreements and non-disclosure agreements require protective legends in order to protect confidential information, contractors sometimes fail to apply the appropriate legend. And when that happens, at least according to a recent decision of the U.S. Court of Federal Claims, the contractor may have no basis to complain that the teammate stole its confidential information.

Price Realism: Agency Improperly Used Unacceptable Proposals for Comparison

Posted on October 23, 2012 by Steven Koprince

Earlier this week, the International Cycling Union announced that it would strip Lance Armstrong of his seven Tour de France titles, stating that overwhelming evidence existed that Armstrong had won those titles by doping. For cyclists who play by the rules, it is only fair that they not be forced to chase Armstrong’s Tour record, which he apparently achieved in an unacceptable way (and you can count me among those who think Roger Maris and Hank Aaron have pretty strong claims to baseball’s single-season and career home run marks, too).

When it comes to sporting records, comparing a clean athlete to a cheater seems unfair. Similarly, in the government contracting world, using unacceptable proposals as a basis of comparison for other proposals’ price realism is improper, according to a recent GAO bid protest decision. In Lifecycle Construction Services, LLC, B-406907 (Sept. 27, 2012), the GAO sustained the protest because of significant errors in the agency’s evaluation of the protester’s price realism–including comparing that price to the prices of three unreasonably high-priced proposals.

WOSB Downgraded for Reliance on Teammate’s Experience

Posted on October 22, 2012 by Steven Koprince

Small government contractors often rely on teammates and subcontractors to demonstrate relevant experience. But as one recently-published GAO bid protest decision shows, some procuring agencies may take a dim view of such reliance.

In Quasars, Inc., B-405747 (Dec. 7, 2011), the agency found that a woman-owned small business’s reliance on a teammate for relevant experience was risky, because that teammate might leave, depriving the team of the necessary expertise. The GAO found nothing unreasonable in the agency’s evaluation.

Government Rejects Contractor’s Bills for Flowers, Hunting Club, Jazz

Posted on October 18, 2012 by Steven Koprince

Roses are red, violets are blue–and a government contractor can’t bill Uncle Sam for either one, according to a recent decision of the Armed Services Board of Contract Appeals.

In Thomas Associates, Inc., ASBCA No. 57795 (2012), the ASBCA rejected a contractor’s claim that it was entitled to stick the government with a variety of costs I will charitably describe as “questionable,” including a hunting club membership, jazz ensemble, a lavish Christmas party, and yes, flowers given to employees, ostensibly to boost morale.

GAO: Required Proposal Information Cannot Be Provided Post-Award

Posted on October 17, 2012 by Steven Koprince

“We’ll tell you how we’ll manage the contract–after you award it to us.”

That, in essence, appeared to be the position taken by one contractor recently in response to a Department of Defense solicitation. The contractor in question failed to provide an operations and management plan required by the solicitation, pledging to provide it after award. Not surprisingly, the agency assigned the contractor an “unacceptable” score. And equally unsurprising, the GAO denied the contractor’s bid protest.

Agency to Offerors: Show Us Your Subcontracts

Posted on October 16, 2012 by Steven Koprince

Small government contractors sometimes rely on subcontractors to help satisfy experience, certification, past performance, and other solicitation requirements. But if one recent GAO bid protest decision is an indication of things to come, procuring agencies may begin requiring more information up front about major subcontractors–including a copy of the final subcontract agreement itself.