Happy Friday, Readers! We hope you had a very productive week and can take some time this weekend to relax and unwind. The start of June is proving to be a wet one here in the Midwest and the gardens and trees are loving it! Everything is so green and the spring flowers are beautiful. I’m sure the town will be filled with the sound of lawn mowers this weekend.
Here are a few noteworthy articles this week, concerning federal government contracting issues, including some policy changes on the federal management level, reports on time and materials contracts, and small business tech opportunities. We hope you can kick back, relax and carve out some leisure time this weekend. Enjoy!
Happy Friday blog readers! Hope you are having a nice week. Kick back and relax with the latest federal contracting updates.
This week saw some interesting federal contracting news. GAO has issued a new report on ways the federal government can potentially save billions of dollars in spending and improve efficiency of its programs. Additional stories include an article I’m quoted in from Bloomberg Law discussing U.S. agencies requests for brand name items in contract proposals. Read on for the details and have a great weekend!
Hello, Readers. As we move into spring, we at SmallGovCon have been observing the optimism of nature as winter releases its grip. Small green plant shoots are pushing their way up towards the sunshine and the trees are preparing to bud as our temperatures warm up. The birds are getting involved as well. There’s no doubt that they are enjoying the warmer weather and looking forward to spring, too. Hope you are able to observe equally inspiring things in your neck of the woods.
As usual there was a lot of news in federal government contracting, this week including articles on the future of federal government contracting, cybersecurity bills, and news on GSA multiple award contracts. Have a great weekend!
GAO recently sustained a protest to the evaluation of an awardee’s management approach based on a material misrepresentation in its proposed key personnel experience (that the protester found on Linkedin, no less). And GAO found the misrepresentation was material because the agency relied upon it, and it significantly impacted the agency’s evaluation. Let’s take a closer look.
From a recent GAO decision it appears that the ends can, in fact, justify the means; at least when it comes procurement set-asides for HUBZone companies. The decision is Foxhole Technology, Inc. B-419577 (May 12, 2021). In this matter, Foxhole Technology, Inc., a service-disabled veteran-owned small business, protested the Department of Education’s decision to set aside an RFQ to supply cybersecurity services for HUBZone businesses. In its protest, Foxhole argued that the agency’s decision to set aside the procurement for HUBZone small business concerns was based on inadequate market research and was therefore not justified. GAO denied the protest.
An agency providing an opportunity to substantially revise a proposal can seem too good to be true. And sometimes, it is. It is a fundamental principle of procurement law that offerors must be treated equally. When one offeror is given an opportunity to “fix” the deficiencies in its proposal, but the other offeror is not, that is fundamentally unfair.
As one offeror found out, despite submitting everything to the agency as it was asked, GAO still sustained the protest.
In a recent decision, GAO dismissed a protest challenging the USDA’s issuance of a lease contract as untimely where the protester’s communications with the agency did not constitute an agency-level protest, and the protest was filed more than 10 days after the notice that formed the basis of its protest was received by the protester.