Government Contracts MonitorBid ProtestsWhen Hiring Experienced Protest Counsel May Help...August 19, 2014 All businesses work to identify efficiencies and lower costs wherever possible. In some cases, however, choices made in pursuit of this laudable goal can lead government contractors to forego important assistance that could save them more money in the long run. It’s always difficult to read between the lines of a Government Accountability Office (GAO) decision, but the protestor’s… An Agency’s Superficial Evaluation Can Be Fruitful Protest FodderAugust 19, 2014 A recent protest before the Government Accountability Office (GAO) highlights a red flag to watch for when considering whether to protest an unfavorable award: If you believe the agency’s evaluation of your proposed staffing plan was superficial or failed to consider the actual number of employees assigned to various labor categories, you may have strong grounds for a protest. … Short Take: OFCCP Proposes New Equal Pay Report RegulationsAugust 12, 2014 On August 8, 2014, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published new proposed regulations in the Federal Register to amend and supplement existing 41 C.F.R. § 60-1.7. 79 FR 46561. The proposed regulations will require contractors and subcontractors with more than 100 employees and contracts or subcontracts valued at more than $50,000 over a performance… When is the Past Performance of an Affiliate Attributable to the Offeror?August 7, 2014
Raytheon Company protested the award of a contract to EFW, Inc. for integrated fixed towers needed to support the U.S. Customs and Border Protection (Agency) in its border enforcement efforts. Raytheon Co., B-409651 (Comp. Gen. July 9, 2014). One basis of this protest related to past performance -- that when the Agency evaluated EFW’s past performance it “conflated” various… If An RFP Is Defective, Don’t Wait To See If You’re The Awardee Before You Protest – You Will Be Too LateAugust 5, 2014 In Del-Jen Education & Training Group, B-406897.3 (Comp. Gen. May 28, 2014), an incumbent Job Corps operator, Del-Jen, protested the award of the new contract for the operation of the Kittrell Job Corps Center (KJCC), arguing that the solicitation did not reflect the agency’s requirements because of changes occurring after the RFP was issued but before the award. Specifically, Del-Jen… Procuring Agencies Can’t Change Horses Mid-Stream, Even If They’re Only Requesting QuotesJuly 22, 2014 The recent case of AeroSage LLC, B-409627 (Comp Gen. July 2, 2014), provides a useful reminder that the discretion of government procurement personnel is not unlimited: Once the Government chooses a procurement method and notifies offerors of the rules, it cannot then unreasonably impose additional requirements. The case involved a Federal Bureau of Prisons (BOP) reverse auction procurement for… Agencies Must Justify Sole Source Awards – And Not Based on a Lack of PlanningJuly 14, 2014 We are all familiar with agency authority, under 10 U.S.C. §2304, to use other than competitive procedures (i.e., sole or limited source procurement) when (i) the property or services needed are available from only one or a limited number of responsible sources (and there is no adequate substitute) or (ii) an agency’s need for a property or service is of such an unusual and compelling… No Matter How Hard You Fight, Winning the Battle May Not Mean Winning the WarJuly 11, 2014 In the recent matter of Gaver Technologies, Inc., B-409535 (Comp. Gen. June 3, 2014), the Government Accountability Office (GAO) sided with the protester against the National Aeronautics and Space Administration (NASA) after a hearing and careful consideration of the record. However, all the protester’s hard work may come to naught. The protest outcome – a recommendation that the… If the Agency Tells You How You Can Improve Your Proposal, ListenJuly 10, 2014 In the recent case of Crystal Clear Technologies, Inc., B-409266.2, (Comp. Gen. May 28, 2014), the protester challenged the agency’s rejection of its offer for failure to sufficiently describe the product and pricing being offered. The protester, Crystal Clear Technologies, Inc. (Crystal Clear) essentially lost because it ignored the agency’s guidance concerning what Crystal Clear needed to… Show You Are an Interested Party -- Don’t Expect the GAO to Do Your Job for YouJune 30, 2014 The recent Government Accountability Office (GAO) decision, Tyonek Worldwide Services, Inc. – Reconsideration, B-409326.6, (Comp. Gen. May 15, 2014), illustrates the importance of affirmatively demonstrating interested party status rather than arguing after the fact that the GAO should confer it. The protestor, Tyonek Worldwide Services, Inc., (Tyonek) submitted a proposal in response… Facially Ambiguous Solicitations Must Be Protested Prior to the Response DeadlineJune 20, 2014 It is axiomatic that offerors confronted with ambiguous solicitations cannot wait for the award decision before deciding whether to protest. However, offerors continue to do just that. In the case of ARKRAY USA, Inc., B-408981.4 (Comp. Gen. March 5, 2014), the delay was perhaps understandable given relatively complicated procurement, but it nonetheless proved fatal… The Rule of Two – Is It Used to Fulfill or Define Small Business Participation Goals?June 16, 2014 In the past few months the Federal Circuit has issued several decisions regarding the Rule of Two. The initial decisions arose in the context of Job Corps Center (JCC) operations contracts – addressing whether or not the Department of Labor (DOL) could use the Rule of Two over and over again to set aside an unlimited number of JCC operations contracts for a tiny group of small businesses,… |
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