DoD Suspends 8(a) Simulation Training Awards

Posted on August 31, 2012 by Steven Koprince

The Department of Defense has apparently suspended all 8(a) contract awards under the Simulation, Training and Instrumentation Acquisition Center in the wake of a federal court decision issued earlier this month.

In a press release, leaders of the Native American Contractors Association and the United States Hispanic Chamber of Commerce blasted the DoD for overreaching in response to Dynalantic Corporation v. United States, No. 95-2301 (2012), in which the United States Court of Appeals for the District of Columbia upheld the constitutionality of the 8(a) Program as a general matter, but found that the 8(a) Program was unconstitutional as applied to the plaintiff’s specific industry, military simulation and training.

I’ll have much more on Dynatlantic and the fallout from the court’s decision after the Labor Day weekend. Unfortunately, for 8(a) companies–especially those doing business with DoD– the holiday weekend begins on a very ominous note.

GAO to VA: Read the Whole Stinkin’ Proposal

Posted on August 31, 2012 by Steven Koprince

If you’re an eight-year-old who has recently begun the literary journey to Hogwarts School of Witchcraft & Wizardry, avert your eyes, because here comes a major spoiler: at the end of the Harry Potter series, a grown-up Harry, now married to his pal Ron’s sister, Ginny, sends his own child off to Hogwarts. Oh, and Ron is married to Hermione, and they also have Hogwarts-bound offspring.

How do I know this culturally valuable information? Because I read to the very end of the last Harry Potter book (yes, I’m one of those people). Contrast this with the VA, which in a recent GAO bid protest case, refused to consider certain information presented by the protester because the information was contained in an exhibit to the proposal, not the narrative section. The GAO’s reaction: “read the whole stinkin’ proposal, VA.”

Joint Ventures and Past Performance: Agency May Consider Experience of JV Members

Posted on August 30, 2012 by Steven Koprince

Joint ventures seem to be an increasingly popular vehicle for pursuing federal contracts, but the FAR and agency solicitations usually are not written with joint ventures in mind. As a result, confusion can sometimes arise over how a joint venture’s proposal should be evaluated.

Case in point: past performance. A joint venture is often a new legal entity, so should it receive a “neutral” past performance score? Not necessarily. According to a recent GAO bid protest decision, it is perfectly acceptable for a procuring agency to consider the relevant experience and past performance of the individual joint venture members.

VA SDVOSB Protests: VA OSDBU Has Sole Jurisdiction

Posted on August 29, 2012 by Steven Koprince

SDVOSB protests relating to VA set-aside procurements may only be decided by the VA Office of Small and Disadvantaged Business Utilization. In a recent decision, the SBA Office of Hearings and Appeals confirmed that the SBA currently lacks jurisdiction to decide SDVOSB protests under VA set-aside procurements.

Single Negative Past Performance Reference Sinks Contractor’s Bid

Posted on August 27, 2012 by Steven Koprince

Past performance is a key ingredient in most competitive government procurements. Even if a contractor’s overall past performance record is excellent, a single blemish can damage the contractor’s chances of award.

In a recent GAO bid protest decision, the agency relied on a single adverse past performance reference to assign the contractor a poor past performance rating–even though the contractor strongly disagreed with the adverse reference. The GAO held that there was nothing wrong with the agency’s past performance evaluation.

Another Day, Another Aldevra Victory–When Will It End?

Posted on August 24, 2012 by Steven Koprince

The standoff between the VA and the GAO over the VA’s use of the Federal Supply Schedule without putting “Veterans First” continues. This week, Michigan-based Aldevra–the SDVOSB company at the center of the battle–won another bid protest at the GAO.

GAO: Protest of Unlicensed Awardee Not Allowed

Posted on August 23, 2012 by Steven Koprince

What do you do if a federal agency awards a contract to one of your competitors, but the competitor in question does not possess certain licenses required by the solicitation? At least in one recent GAO bid protest decision, the answer appears to be, “not much.”

In SIMMEC Training Solutions, B-406819 (Aug. 20, 2012), the protester complained–correctly–that the prime contractor lacked two required licenses. The GAO ruled against the protester anyway, holding that it lacked jurisdiction to consider the licensing challenge.