SmallGovCon Week in Review: April 17-21, 2023

Yet another beautiful Spring Friday for us at SmallGovCon! And you guessed it, it’s time for your week in review. 

As the flowers continue to blossom all around us, so do the partnerships between agencies (such as GSA and DHA). And as allergies are reaching an all-time high for many, so too is the government’s spending on AI and other technology solutions and innovation! We’ve included some fascinating articles on these topics, and many others we think you will enjoy. Have a wonderful weekend!

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Back to Basics: GAO’s Protest Timeliness Rules

Here in Kansas, it is certainly starting to feel like thunderstorm season–and one of my favorite seasons, I might add. But over in D.C., some may say it is starting to feel like protest season! That said, anyone familiar with the protest process at D.C.’s Government Accountability Office (GAO) is probably also quite familiar with the strict timeliness rules GAO applies to such protests. And frankly, even for the seasoned GAO protesters, a refresher on the timeliness rules can be quite beneficial–especially given the answer to when a certain type of protest is due is not always an easy calculation. So, let’s take it back to the basics and run through some of those rules here.

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GAO: Agency Can’t Combine Evaluation Factors After the Fact

Typically, agencies will provide a handful of evaluation factors, sometime more, in a solicitation. Common evaluation factors are technical, past performance, and cost. A recent protest decision looked at a solicitation that contained separate factors for 1) offeror’s technical capability and 2) staffing and management approach. The question was, can an agency combine its evaluation for two different factors? If it does mix the two evaluation criteria, is that enough to sustain a protest?

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SmallGovCon Week in Review: April 10-14, 2023

Happy Friday, Readers! Time for your week in review. The spring trees are in full bloom here in Lawrence, Kansas this week and they couldn’t be more beautiful! Other than allergy sufferers, we certainly are enjoying the beauty of spring and hope you are as well.

The federal government contracting world is also very active at this time. There was a lot of buzz this week surrounding the Defense Department and how it can immediately modernize acquisition in addition to a release of the department’s finance study showing how large versus small federal contractors are faring. We’ve included those articles, and a few others we hope you find of interest, below. Enjoy your weekend!

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MyGovWatch Live: The B2G Roundtable Event: April 19, 2023, 1:00pm EDT

Please consider joining me as I participate in a round table discussion with several APEX Accelerator (formerly PTAC) procurement specialists, hosted by Nick Bernardo, President & Founder of mygovwatch.com. We will be discussing resources available for federal government contractors and answering questions that you may have regarding federal government contracting matters. Please join us for this informative roundtable discussion. Register here. Hope to see you there!

Buy American? Agencies Must Carefully Document Market Research for Domestic Preference Compliance, says GAO

A recent GAO case on protest costs looked at whether costs were reimbursable centered around whether a Buy American Act waiver was properly applied in the procurement process. As you likely know, the Buy American Act is something many contractors (especially supply and construction contractors) must deal with in their contracting process, and getting a waiver or an exception often may be critical to a proposal. This case arose from a protest seeking costs, but it is still a great opportunity for contractors to better understand the limits of a waiver or exception of the Buy American Act and GAO’s expectations surrounding such an action.

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