OCI mitigation plans are one of the most common ways for contractors to address any actual, potential or apparent organizational conflicts of interest that could arise if the contractor won the award. For busy contractors, it’s tempting to simply cobble together a generic OCI mitigation plan, perhaps borrowing liberally from whatever questionable websites pop up in a Google search. But as one contractor discovered in a GAO bid protest decision, an insufficient OCI mitigation plan can lead to very bad results.
Army Rejects Large Prime’s Proposal For Failing to Commit to Small Business Subcontracting
For small government subcontractors, here’s some good news from the U.S. Army. In a recent GAO bid protest decision, the Army eliminated a proposal from consideration because the prime contractor appeared to ignore the small business subcontracting requirement—and the GAO denied the prime’s GAO bid protest.
SDVOSB Protests Cannot Be Filed By Telephone
If you want to file a SDVOSB protest with the SBA, put down the cell phone, because you cannot phone it in.
The SBA’s regulations governing size protests permit a protester to “file” its protest by telephone (and follow up by putting the protest in writing). But the same regulations do not apply to protests of a service-disabled veteran-owned small business’s eligibility.
In SDVOSB Appeal of Veterans Construction of South Carolina, LLC, SBA No. VET-164 (2009), the SBA Office of Hearings and Apepals held that the regulation governing SDVOSB eligibility protests “simply does not allow protests by telephone.” SBA OHA upheld the SBA’s dismissal of a SDVOSB protest because the protester had attempted to file by telephone.
When it comes to SDVOSB protests, the rule is simple: put it in writing.
See Ya! Contractor Wipes Out Two-Thirds of Its Potential Competitors with Successful NAICS Appeal
Of all the many “protest” tools available to small government contractors, NAICS code appeals can be one of the most powerful. Unfortunately, many contractors don’t fully understand the NAICS appeal process, or how it can help them reach their procurement goals. The decision of the SBA Office of Hearings and Appeals in NAICS Appeal of 1st American Systems & Services, LLC, SBA No. NAICS-5119 (2010) provides a compelling example of how a savvy small business contractor can use the NAICS appeal process to vastly narrow the competitive playing field.
Amended Bylaws Can’t Rescue Ineligible SDVOSB
The regulations governing the SBA’s service-disabled veteran-owned small business program are clear: to qualify as an SDVOSB, a business must ensure that a service-disabled veteran serves as its highest officer.
The SBA will examine a SDVOSB’s bylaws to see whether the provision is met. If not, belatedly amending the bylaws won’t save the business’s eligibility for a contract it bid upon before the amendment, as demonstrated by a SDVOSB appeal decision of the SBA Office of Hearings and Appeals.
Contradictory, Post Hoc Statements Don’t “Fix” Ostensible Subcontractor Rule Problem
When a small government contractor gets its hand caught in the “affiliation” cookie jar, the natural reaction is to scramble to fix the problem, even if it means contradicting the contractor’s own proposal. But don’t expect post hoc efforts at fixing a problem with the SBA affiliation rules to pan out. The SBA’s Office of Hearings and Appeals has held that where a contractor’s after-the-fact statements regarding affiliation contradict its proposal, the language of the proposal governs.
GAO Bid Protests: Email Filings Must Use Correct Address
If there’s anything worse than losing a GAO bid protest, it’s losing a GAO protest on a technicality.
One of the many conveniences GAO offers protesters is the ability to file protest-related documents by email. But protesters must timely file their documents at the email address provided under the GAO’s regulations—protests@gao.gov–or their filings will be disregarded. As one protester learned the hard way, even emailing the document to the individual email address of the GAO attorney deciding the protest isn’t a substitute for using protests@gao.gov.