Nicole Pottroff Weighs in on Bias in the Procurement World in Forbes Article

Posted on March 29, 2023 by Nicole Pottroff

Tuesday, March 29, Forbes.com published a fascinating article written by Dr. Gleb Tsipursky entitled, Prevent Costly Procurement Disasters: 6 Science-Backed Techniques For Bias-Free Decision Making. In the article, I weigh in on the subject of bias in the bid selection process for federal procurements. I discuss some of the ways the ever-developing science behind implicit bias could potentially be utilized in bid protests challenging source selection decisions as biased–which is currently one of the toughest protest challenges to win.

As you can read more about in the article, government officials are presumed to act in good faith and the standards for proving otherwise are difficult to meet (essentially, you need a “smoking gun” to win a protest on bias alone). This article thoroughly discusses the current protest landscape for challenging bias, the ways procurement officials can work to mitigate or eliminate bias in the procurement process, and the potential interplay of the science behind bias in both the procurement and protest processes.

The HUBZone 35% Residency Requirement in Between Certifications

Posted on March 27, 2023 by John Holtz

It is well established that, in order to be eligible for HUBZone certification or recertification, one of the requirements is that 35% of a company’s employees must reside in a HUBZone. That part is (relatively) straightforward. But, as we all know, employees might come and go at any time. This raises a few questions about what the requirement is when a company is preparing to bid on contracts as well as when performing them. We explore this question here.

SmallGovCon Week in Review: March 20-24, 2023

Posted on March 24, 2023 by Shane McCall

Happy Spring, Readers! I don’t know about you but I’m looking forward to warmer temperatures and a lot more sunshine in the coming months. We have had a lot of grey, gloomy weather here in Kansas lately and I feel that we are all ready for some fun, outside activities. Spring is a great time of transition and speaking of transition, I will now transition to some federal government contracting news this week. Have a great weekend and we hope you can enjoy spring in your neck of the woods.

GAO Sustains Protest Based on Faulty Past Performance Evaluation

Posted on March 24, 2023 by Shane McCall

Past performance is a key part of most government proposal evaluations. Generally, a federal agency gets a lot of discretion in evaluating past performance. But that discretion is not without limits. In a recent decision, GAO sustained a protest where the agency failed to properly evaluate past performance examples for being similar in size.

Third Time’s the Charm: Protest Sustained by COFC Due to Failure to Conduct Discussions and Flawed Price Reasonableness Evaluation

Posted on March 20, 2023 by Stephanie Ellis

Proving that an agency acted improperly in its source selection process can be a difficult task for any protester. In theory, for a best value tradeoff decision, the agency’s decision and the process to come to that decision seems easy: the agency does a tradeoff between cost and non-cost factors, and that which is most advantageous to the government is awarded. How hard could it be? And the decisions handed down by the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) seem to confirm that it isn’t that hard, seeing as many cases challenging a best value decision are denied. This is, in large part, due to the discretion agencies are afforded in their source selection decisions. Whether an agency conducts discussions during the source selection process is one of many procurement factors that is left up to the agency’s discretion. But, every so often, a decision comes along to prove that there are limits to an agency’s discretion, and in this case, the agency’s discretion overstepped its bounds with its price reasonableness decision and the unjustified decision to not perform discussions.

SmallGovCon Week in Review: March 13-16, 2023

Posted on March 17, 2023 by Shane McCall

Happy St. Patrick’s Day! Historical reports say the Irish have been celebrating St. Patrick’s Day for over 1,000 years. They would feast on the traditional meal of Irish bacon and cabbage–not quite sure when the green beer was added into the festivities! The first St. Patrick’s Day parade took place not in Ireland but in America on March 17, 1601 in St. Augustine, Florida. Although not as old as St. Augustine’s, our city of Lawrence, Kansas is also preparing for a St. Patrick’s Day Parade, which has been a tradition since 1988. It’s always a fun experience, with 100 floats, and has raised more than $1.2 million dollars for children’s charities.

We’ve included a few articles from this week’s news in federal government contracting to peruse before you head out to your local St. Pat’s Day celebrations, including updates on government budges for the upcoming fiscal year and contractors leaving the federal space. Have a fun day, stay safe, and a have great weekend.

Back to Basics: Debriefings

Posted on March 15, 2023 by Gregory Weber

Debriefings are a crucial part of the complicated world of bidding on Government contracts. They can provide wonderful insight to contractors on where they can improve, where their proposals were strong, and in cases, may provide information that could indicate to a contractor that a bid protest may be warranted. Therefore, it is vitally important for contractors to understand what Debriefings are, what they can and can’t provide you, and why they matter. Previously, we here at SmallGovCon discussed 5 things you should know about Debriefings, but in this post we will do a more detailed dive into Debriefings based on the current regulations and contracting landscape.