It is safe to say that every federal contractor, at one time or another, has felt the terms of a solicitation were unfair or otherwise didn’t make sense. Federal agencies are comprised of people, and people make mistakes. Sometimes, then, mistakes make it into the solicitation. Unfair or erroneous terms in a solicitation are a valid grounds for a protest, but it is crucial to know when such a protest is timely. In most cases, if the time for bids has passed, any protest of the terms of the solicitation, be it at GAO or the Court of Federal Claims, will be untimely. There are rare exceptions, but, in general, a protest of terms of the solicitation must be brought before bids are due to be timely. Untimeliness equals dismissal. In this post, we will explore a protest GAO dismissed for this very reason.
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Showing Your Work: Protest of Evaluation Sustained for Lack of Explanation by Agency
We at SmallGovCon have explored some examples of protests where an unfortunate oversight by a contractor has been the difference between winning and losing. This, of course, can be very frustrating to contractors, especially considering that federal agencies often get leeway where contractors wouldn’t. But federal agencies, too, make mistakes, and even simple ones can be enough for a successful protest. This was the case in a January 2023 decision by GAO.
Continue readingGAO Affirms any Discussions During Evaluations Must be Meaningful
Evaluation of offers is a crucial point in the procurement process. During this time period, an agency may, in certain procurements, reach out with discussion questions meant to bring clarity to the decision-making process. However, any such discussions must be meaningful.
As one offeror recently found out, meaningful discussions even apply in so-called simplified acquisitions.
Continue readingContractor’s Creative Staffing Proposal Leads to Elimination from Competition
In the competitive federal marketplace, businesses are always looking for ways to make their proposals more competitive. With millions of dollars at stake, it is no surprise that some competitors develop clever approaches to give their proposal a competitive edge.
As one competitor recently discovered, however, there is a point where an offer can get too clever, which may result in proposal elimination. Especially when an agency views the clever approach as violating a solicitation staffing requirement.
Continue readingTake Two? GAO Grants Reconsideration of Cost Claim
Requests for reconsideration are rarely granted by GAO and reconsideration of cost claims is even more unique. But GAO recently granted one of these unicorns–recommending additional reimbursement of more than $20,000 to the protester.
Continue readingNovation Disaster: SBIR Phase III Award Stripped by GAO
Contractors interested in acquiring participants in the SBA’s Small Business Innovation Research (SBIR) program beware: successfully novating SBIR contracts has been made significantly harder by a recent GAO decision.
Worse still, SBIR novation mistakes can jeopardize future awards under the SBIR contract vehicles. Tread lightly.
Continue readingNew Avenue for SBA Protests: Ostensible Subcontractor Status Protests
SBA has issued a final rule, effective December 30, that will now provide an avenue to protest situations where the prime contractor on a SDVOSB, HUBZone, or WOSB set-aside contract is subcontracting most or all of the work to a non-similarly situated—but still small business—concern.
It will also allow SBA to review eligibility for 8(a) Program contracts on this ground as well.
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