Government Contracts MonitorBid ProtestsAgency Did Not Properly Consider Awardee\'s Access to Inside InformationJanuary 12, 2015 Beware the revolving door. It can hit you or those with you on the way in or the way out. The Government Accountability Office (GAO) recently reminded us of this fact when it sustained a protest by International Resources Group (IRG) regarding an organizational conflict of interest. The problem? The Agency (USAID) failed to properly investigate the awardee AECOM’s hiring of a… Don’t Overlook the Importance of Getting Your Joint Venture RightDecember 16, 2014 Ben Franklin famously advised, “An ounce of prevention is worth a pound of cure.” The recent Government Accountability Office (GAO) decision in InSpace 21 LLC, B-410852; B-410852.3 (December 8, 2014) demonstrates that those words remain as relevant today as when they were first uttered, at least in the context of joint ventures (JVs). The case reminds us once again of the dangers of… Successful Protest Requires More than Unclear ProposalDecember 9, 2014 As previously noted in this blog, GAO has repeatedly made clear that protests alleging that the awardee’s proposal violates the applicable limitation on subcontracting cannot succeed unless the protester can demonstrate that the quotation shows, on its face, that awardee will not comply with the clause. In the recent case of Archer Western Federal JV, B-410168.2/B-410168.3 (November 12,… Protest Phobia – Propelling Poor ProcurementNovember 25, 2014 Agencies are in the hot seat when it comes to protests. First, it’s the Contracting Officer’s (CO’s) job to prevent a protest from being filed and, second, if a protest is filed, it’s the CO’s job, working with agency procurement counsel, to make sure the protest is not successful. But is the fear of protests driving agencies to make bad decisions? We think so. The most common… You Say Responsibility, GAO Says Acceptability, Let’s Call the Protest OffNovember 25, 2014 Just because a small business award involves security clearance issues does not automatically mean there is a “responsibility matter” that must be referred to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. Sometimes, as in the recent case of MT & Associates, LLC, B-410066 (October 17, 2014), the protestor simply fails to convince the agency… Size Protests – Beware: Your Protest Deadline May Be Triggered by Indirect NoticeNovember 18, 2014 A recent decision by the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) reminds potential size protestors that the “notice” triggering the five business day size protest period in a negotiated procurement does not have to be in writing, nor does it have to come from the cognizant contracting officer (CO), and may even be indirect, including by published announcements,… If You See Smoke, Check for FireNovember 18, 2014 Given the FAR 9.103(b) mandate that “no purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility,” FCi Federal, Inc. (FCi) was surprised when the Department of Homeland Security (DHS) awarded a $210 million contract to FCi’s competitor, USIS PSD. Why? Because the award came after a flurry of media reports containing allegations of… Short Take: An Overview of GAO Bid Protests – To What End?November 11, 2014 On October 4, 2014, the Congressional Research Service (CRS) issued a report for Congress entitled GAO Bid Protests: An Overview of Time Frames and Procedures. Bid protests are of interest to Congress because they affect agency missions and operations. While the Government Accountability Office (GAO) is not the only forum with authority to hear bid protests involving federal acquisitions – the… Shine a Light: Examine and Understand What You’re ProtestingNovember 11, 2014 The performance of Government contracts often requires the use of contractors’ preexisting data. Your rights in this data are frequently very valuable – sometimes even indispensable to your continued existence. It should come as no surprise, therefore, that when submitting a proposal for a government contract it is crucial that you understand and articulate your rights and those of the… Beware “Incumbentitis” – It Can Be FatalNovember 11, 2014 Despite all the alarming news about Ebola in the press these days, government contractors face another ailment that’s also scary and, unfortunately, far more common. Known as incumbentitis, this disease all too often prevents contractors from winning renewals of their existing contracts. The symptoms include overconfidence based on past performance; an inability to notice changes in an agency’s… Recovering Protest Costs After Corrective Action Is Possible, But Don’t Hold Your BreathNovember 4, 2014 Protesting contractors sometimes prematurely interpret an agency’s decision to take corrective action as a tacit admission of their protest’s merits, only to be brought back to earth when that corrective action fails to “properly” resolve the issues (i.e. in their favor). This dynamic reflects the practical realities of corrective action, one of the most powerful tools in an agency’s protest… Court Overturns SDVOSB DecertificationNovember 4, 2014 The Court of Federal Claims recently determined, for the second time in two years (see our March 2013 blog: Due Process is Alive and Well), that the Department of Veterans Affairs (VA) failed to provide due process to a Service-Disabled Veteran-Owned Small Business (SDVOSB) in connection with its eligibility decertification. The Court also ruled that VA’s Office of Small and Disadvantaged… |
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