Court: Past Performance Evaluations of Technically Unacceptable Offerors Not Required

A procuring agency was not required to consider the past performance of an offeror judged to be technically unacceptable, according to a recent bid protest decision of the U.S. Court of Federal Claims.

In The Alamo Travel Group, LP v. The United States, No. 12-764C (2012), the Court rejected an incumbent contractor’s argument that an agency could not properly exclude the incumbent’s proposal without first considering its past performance–which, the incumbent argued, would demonstrate its ability to successfully perform the contract.

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SBA OHA Size Appeals: The Critical Difference Between “Filing” and “Serving”

SBA size appeals must be filed with the SBA Office of Hearings and Appeals and a copy given to (or “served”) on another SBA Office, the Office of Government Contracting (known as SBA OGC).  Both steps must be taken, because as one small contractor recently discovered, serving a SBA size appeal on the SBA OGC is not the same as filing the size appeal with SBA OHA.

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GAO: Agencies Cannot Ignore Price In Evaluating BPAs

In the current economic climate, procuring agencies seem to be focused more than ever on the bottom line, with “lowest-price, technically-acceptable” solicitations appearing to be on the rise.  Even today, however, price is not the government’s paramount consideration in every solicitation–nor is it required to be.  But that does not mean that a procuring agency is free to ignore price completely.

In a recent GAO bid protest decision, the procuring agency failed to consider the protester’s price before eliminating the protester from a competition for award of a Blanket Purchase Agreement.  The GAO’s response?  “Not so fast.”

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NAICS Code Appeals: Deadline Is Ten Calendar Days, Not Ten Business Days

A federal regulation states that NAICS code appeals are timely if filed within ten business days.  So why was one small business’s NAICS code appeal dismissed even though it filed the appeal within the time period called for by the regulation?

According to SBA OHA, the regulation was erroneous, and the actual NAICS code appeal deadline is ten calendar days.  I don’t know about you, but to me, the result doesn’t seem particularly fair to the contractor.

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SBA Size Protest Timeliness: Solicitation Doesn’t Extend Filing Deadline

SBA size protests are only timely if received within five business days.  The SBA size protest timeliness rule can confuse potential protesters, because it is different than the 10-day rule applicable to most post-award GAO bid protests.

In a recent SBA Office of Hearings and Appeals decision, a would-be protester apparently got tripped up by the different filing periods, incorrectly interpreting a solicitation provision regarding GAO bid protests as establishing an extended SBA size protest filing deadline.  SBA OHA held that the protester’s misunderstanding did not entitle it to file a late SBA size protest.

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FedConnect Mistake Sinks Contractor’s Bid

I’m no technology whiz by any stretch, but when I worked on Capitol Hill before law school, my boss made me the office systems administrator, responsible for troubleshooting computer and tech issues.  Occasionally, I had to call in outside help, but most of the time I relied on that old standby, control-alt-delete, to “fix” my colleague’s computers.  Once, when I was in a meeting, a colleague called me back to the office in a panic, because the copier wasn’t working.  The problem, which I quickly diagnosed: it wasn’t plugged in.

I bring this up because sometimes, even very smart people like my Capitol Hill colleagues are not so great with technology.  The same is true in the government contracting arena.  No matter how wonderful a proposal a contractor writes, it does no good if technology problems prevent it from reaching the procuring agency on time.  As agencies turn more and more to higher-tech  methods for obtaining contractor’s proposals, like the FedConnect system, it is critical that contractors understand how the technology works, as one contractor learned the hard way in a recent GAO bid protest decision.

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GAO Bid Protests: Five Common Mistakes

Those who follow SmallGovCon regularly know that I read a lot of GAO bid protest decisions (and often comment on them here).  Reading the decisions—and working on many GAO protests for clients—I see some of the same mistakes repeated over and over.

These common mistakes can, and do, cost a government contractor a shot at a successful GAO protest.  So here, in no particular order, are my top five common GAO bid protest mistakes.

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