As we often tell people, language in a teaming agreement is important for a federal contract. But so is complying with the terms of a solicitation. A recent GAO decision hinged on a very specific portion of the language in a teaming agreement that was required as part of a solicitation. Because the contractor did not include the required language in a teaming agreement, it lost out on an award.
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Back to Basics: GAO’s Protest Timeliness Rules
Here in Kansas, it is certainly starting to feel like thunderstorm season–and one of my favorite seasons, I might add. But over in D.C., some may say it is starting to feel like protest season! That said, anyone familiar with the protest process at D.C.’s Government Accountability Office (GAO) is probably also quite familiar with the strict timeliness rules GAO applies to such protests. And frankly, even for the seasoned GAO protesters, a refresher on the timeliness rules can be quite beneficial–especially given the answer to when a certain type of protest is due is not always an easy calculation. So, let’s take it back to the basics and run through some of those rules here.
Continue readingThe Anatomy of a Solicitation: How to Read the Standard Sections of a Federal Solicitation
Being familiar with the structure of a solicitation is imperative if you hope to be a successful federal government contractor. However, the solicitations that accompany competitive procurements, in the form of a “request for quote,” “invitation for bid,” or “request for proposal,” are often lengthy, making it easy for contractors that are new to federal government contracting to get lost in the legalese, and unable to pinpoint the vital information. Does that mean that parts of the solicitation are not important? Not at all. Contractors should be familiar with all parts of the solicitation. But knowing what to expect, and how to quickly find information that may make or break your decision to submit an offer will increase your efficiency and effectiveness when drafting proposals, saving you precious time for other important things.
Continue readingGAO Denies Challenge to Solicitation Terms: Use of “Tactical” Was Imprecise, but Allowable
In the world of federal contracting, precision matters. In fact, precision is often essential when developing a winning proposal. When it comes to subjective evaluation considerations, however, it can be challenging to articulate relevant evaluation criteria with a high level of precision. Indeed, as one prospective offeror recently discovered, some evaluation terms are good enough for government work, despite being imprecise.
Continue readingMiscalculation of Subcontracting Percentage Leads to Sustained Protest
Agencies and contractors must do their math right (even fractions) when evaluating proposals against solicitation terms, and GAO will call them on it if they don’t.
GAO recently sustained a protest where an agency improperly calculated a small business subcontracting percentage by including the prime contractor’s fee as part of the subcontracted costs when the fee shouldn’t have been included.
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