When a contractor submits its proposal information to an agency, the contractor should be careful to preserve evidence—a fax receipt, “sent” email, or, better yet, a FedEx or certified mail confirmation, showing that the agency received it. Otherwise, as the GAO held in Industrial Construction & Trading Co., B-403849 (Dec. 13, 2010), the contractor is out of luck if the agency says it did not receive the document.
SBA OHA: Ostensible Subcontractor Rule Shouldn’t “Close the Door” to New Businesses
A small business’s relative inexperience should not be the primary basis for a determination that the small business is affiliated with its subcontractor under the “ostensible subcontractor” rule, according to the SBA’s Office of Hearings and Appeals. SBA OHA’s decision in Size Appeal of Fischer Business Solutions, LLC, SBA No. SIZ-5075 (2009), held that the SBA’s Area Office improperly relied upon a small business’s lack of experience in a particular field to find it affiliated with its subcontractor.
Contractors May File GAO Bid Protests on BPA Task Orders Under $10 Million
The GAO’s authority to hear bid protests of task orders is generally limited to instances in which the task order at issue is valued over $10 million. However, the GAO recently held that the limit doesn’t apply to task orders issued under Blanket Purchase Agreements (“BPAs”). Contractors competing for task order awards under BPAs should be aware that they may file bid protests with the GAO, even where a task order is valued at far less than $10 million.