Government Contracts MonitorBid ProtestsPast Performance Information: Information Availability and Reference Follow-UpMarch 5, 2014 A recent GAO decision highlights the importance of ensuring that (1) your past performance information in Government databases is up-to-date, and (2) your proposed references respond and timely submit past performance questionnaires. Veterans Elite, Inc., B-409233 (Comp. Gen. Feb. 10, 2014). The case involved an Air Force procurement for mechanical services at Joint Base McGuire-Dix-Lakehurst, New… Check Your Bids Twice -- Agencies May Not Be Able to Overlook Your MistakesFebruary 27, 2014 The bid preparation process can be hectic, but contractors must take the time to carefully check their bids to ensure they are not found nonresponsive. Some mistakes cannot be waived by the evaluating agency. The GAO’s decision in C&D Construction, Inc., B-408930.2 (Comp. Gen. Feb. 14, 2014) is a case in point. This protest involved a waiver by the U.S. Army Corps… What Constitutes “Discussions” Depends on Parties’ Actions, Not the Agency’s LabelFebruary 18, 2014 The recent GAO decision in Kardex Remstar, LLC, B-409030 (Jan. 17, 2014) serves as a reminder that the issue of whether a given communication amounts to “discussions” or merely “clarifications” does not turn on the agency’s characterization, even in the context of a Part 8 procurement from Federal Supply Schedule (FSS) vendors.
The protest challenged the award of an order under a Request… The Set-Aside Process Gone Wild – Will the Federal Circuit Reconsider?February 11, 2014 In 2012, the Department of Labor (DOL) dramatically increased the number of Job Corps Center (JCC) operator contracts set aside for small businesses. DOL made this decision based solely on “interest” from two or more small businesses. According to DOL, interest alone is enough to set aside – in this case nearly 80% of the JCC procurements, even though most of these JCCs have been… Don’t Assume Information Contrary to the RFP, Even Where Substantiating Documentation ExistsFebruary 6, 2014 In reviewing Government solicitations, offerors, particularly incumbents, frequently find what they believe to be incorrect information. In such instances, there may be an urge to disregard the perceived “incorrect” information, and instead use the believed “correct” information, in formulating the offeror’s proposal. This urge may arise out of a desire to demonstrate the offeror’s… Good News: You Can Still Win a Protest on Price Analysis GroundsJanuary 27, 2014 When conventional wisdom says that protests challenging an agency’s price analysis are hard to win, it’s right. They are. The nature of the price analysis used falls within the agency’s reasonable discretion -- and agencies often have little trouble establishing that their price analysis was reasonable. However, the recent case of AXIS Management Group LLC, … Make Sure You Know Exactly When Your Quotation is Due!January 16, 2014 A recent GAO decision reminds us how important it is for contractors to know exactly when their offers are due, and to err on the side of caution if there is any doubt. In International Code Council, B-409146 (Comp. Gen. Jan. 8, 2014), the Department of Housing and Urban Development (HUD) issued a request for quotations with a due date of July 23, 2013 at 3:00 p.m. Then on July 16,… An Agency’s Ultimate Trump Card in a Protest: Suspension of the ProtesterJanuary 6, 2014 A recent case serves as a reminder that the Government Accountability Office (GAO) does not review agency suspension decisions – even where they impact ongoing protest litigation. In Inchcape Shipping Services Holding, Ltd., B-402687.10; B-402687.11 (Comp. Gen. Dec. 9, 2013), protester, Inchcape Shipping Services Holding, Ltd. (ISS) of Dubai, challenged awards for maritime husbanding support… An Agency’s Overly Narrow Reading of a Solicitation Requirement Can be ChallengedDecember 17, 2013 SRA International, Inc. (SRA) recently lodged a protest challenging an award by the National Aeronautics and Space Administration (NASA). SRA argued that NASA’s proposal evaluation was unreasonable for a number of reasons, including the assignment of a weakness to SRA’s proposal for failing to specify – through the submission of executed subcontracts – its commitment to use the proposed small… The Appearance of Partiality or Impropriety: Potentially Damaging ActionsDecember 11, 2013 Federal employees play an important role in preserving the integrity of Government contracting and assuring fair treatment of contractors. In this regard, violations of ethics rules can trigger bid protests and result in administrative, civil or even criminal penalties. Among the behaviors that can be challenged are conflicts of interest, including circumstances that could call a government… Timeliness of Protests: Timely For Filing v. Timely for a CICA StayDecember 2, 2013 In a recent bid protest decision, the Court of Federal Claims provided a useful reminder regarding the difference between the deadline for filing a protest and the deadline for filing a protest that entitles a protester to a stay of the award under the Competition in Contracting Act (“CICA”). The Court also provided a lesson on how to count the “days” that mark these deadlines. Dyncorp… When It Comes to Evaluations, Agencies Have to Do What They Say They’re Going to Do – And Be Able to Prove ItNovember 19, 2013 The recently announced decision in Trailboss Enterprises, Inc., B-407093 (Comp. Gen. Nov. 6, 2012) presents a classic example of agency activity that usually leads the Government Accountability Office (GAO) to sustain a protest: the failure to conduct an evaluation in accordance with the solicitation. Trailboss involved a Request for Proposals (RFP) to provide aerial delivery services to a number… |
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