COVID-19 Lockdown No Excuse for Late Filing, GAO says

In a recent bid protest decision, GAO said being under a COVID-19 “Stay at Home Order” was no reason to miss a comments filing deadline.

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GAO Rules RFQ Requirement Unreasonably Restricted Competition

In recent GAO decision, Booz Allen Hamilton, Inc., B-418449 (Comp. Gen. May 18, 2020), GAO reminded the Marine Corps to make sure its RFQ requirements were reasonable—and in line with the underlying contract.

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YouTube Tuesday: Why Should You File Bid Protests at GAO?

We here at Koprince Law have been seeing a lot of GAO bid protests lately, but for those of you unfamiliar with the Government Accountability Office and what it means to file a bid protest, this video is for you:

For more information, check out our helpful Handbook or, if you need assistance filing your GAO Protest, learn more about how we can help here.

GAO Walks the Line on Whether Facility Clearance is Proposal Acceptability or Responsibility Matter

Your small business is interested in submitting a proposal that requires a Department of Defense Facilities Clearance (FCL). While you will not have the required FCL when proposals are due, you have applied for the FCL and all signs indicate you will have the FCL by the time contract performance begins. In this scenario, can the agency outright deny your proposal or would it have to refer your proposal to the SBA for a certificate of competency? Turns out, it all hinges on whether GAO views the FCL requirement as a matter of proposal acceptability or corporate responsibility.

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Hey VA! You Can’t Avoid the Rule of Two By Using GPO To Do Your Shopping.

It’s no secret that the VA has tried to find ways around the statutorily-mandated rule of two–i.e. VA must set aside procurements for VOSBS if it has a reasonable expectation that it will receive fair and reasonable offers from two or more veteran-owned small businesses. Although the U.S. Supreme Court has already told VA, in Kingdomware, that it cannot circumvent the rule of two, VA apparently is still seeking ways to avoid it.

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GAO: Exclusion Improper Because Former Official Didn’t Have Competitive Information

Hiring former government officials can sometimes be tricky business for contractors. As we discussed in a previous post, this is particularly true if the former official, based on work at an agency, could give the contractor a leg up in a specific procurement.

But hiring a former government official isn’t always a problem. And as a recent GAO decision illustrates, as long as the former official doesn’t have competitively useful, non-public information, an agency shouldn’t exclude an offeror from competition merely because it employs a former government official.

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