Government Contracts MonitorBid ProtestsRule of Thumb: Treat All RFP Amendments as MaterialMay 23, 2016 It has been suggested that “proper planning prevents poor performance.” While that may not always be the case, the statement does provide a pleasantly alliterative reminder that establishing procedures generally does help minimize mistakes. In the context of proposal preparation, one mistake contractors should try to avoid is failing to acknowledge amendments to the solicitation. The recent… Proposal Costs: Grabbing the Brass Ring at GAOMay 23, 2016 A protest sustained on its merits is always good news for a contractor, and often is accompanied by an award of the costs to pursue the protest. Occasionally, however, a contractor will achieve an even bigger win: not only seeing its protest sustained and recouping its protest costs, but also winning award of its proposal preparation costs. The recent Government Accountability… Remember, the RFP Is Your Touchstone in Both Structuring Your Proposal Team and Selecting Past Performance ExamplesMay 10, 2016 The solicitation is always your quintessential touchstone, in both constructing your proposal team and preparing your response, including particularly demonstrating your experience and selecting your past performance examples. You therefore need to carefully review the solicitation, and understand both what the agency says it wants, and what it requires and is willing to consider in evaluating… GAO Proposes Changes to Its Bid Protest Rules to Establish Electronic FilingApril 26, 2016 The Government Accountability Office (GAO) has issued a proposed rule amending its Bid Protest Regulations to implement the requirements of Section 1501 of the Consolidated Appropriations Act for Fiscal Year 2014 (the “FY14 CAA”) and to make certain administrative and other changes. The primary thrust of the proposed amendments is to implement the FY14 CAA’s direction to establish and operate an… Short Take: Agencies Still Aren’t Required to Tell You When Your Price Is Not CompetitiveApril 3, 2016 Last Spring, we published an article explaining that the requirement that discussions be "meaningful” does not ensure you will obtain any information about your proposed price. The recent Government Accountability Office decision in Southeastern Kidney Council, B-412538 (March 17, 2016) makes clear that the GAO has not changed its mind on this issue. The decision involved a protest by the… “Interested Party” – GAO May Not Think It Means What You Think It MeansApril 3, 2016 Just because you’re interested in the result of an agency award decision does not mean the Government Accountability Office (GAO) will consider you an interested party that can protest the decision. That’s an easy rule to remember and apply when the “interested” party in question is a subcontractor who was relying on work from the prime contractor that didn’t win the award. But what if the… Awardee’s Attempts to Recruit Incumbent’s Employees after Award Does Not Necessarily Mean It Engaged in a Bait and Switch Regarding Key PersonnelMarch 28, 2016 When incumbent contractors passed over for follow-on contracts seek to protest the award decision, they often challenge the evaluation of staffing and/or key personnel, arguing that the awardee’s proposal could not possibly be as strong as theirs because they proposed to use the current, experienced staff, something that the awardee was not able to do. If the incumbent learns after the award that… If You’re Entitled to a Debriefing after Being Excluded from the Competitive Range, Don’t DelayMarch 28, 2016 At first glance, the Government Accountability Office (GAO) rules concerning deadlines for filing bid protests may seem relatively straightforward. But looks can be deceiving. And, as a recent GAO opinion reminds us, following the timeliness rules requires careful attention to detail and a proactive approach to learning about – and acting to challenge -- the basis for the procuring agency’s… Mind Your Q&As – Agency Answers May Resolve Ambiguities and Foreclose Potential Grounds for ProtestMarch 21, 2016 A recent article discussed the important difference between patent ambiguities obvious on the face of a solicitation and latent ambiguities that only come to light after contract award. A more recent decision of the Government Accountability Office (GAO) provides an important reminder that the Q&A process, which is meant in part to identify and resolve ambiguities in the solicitation, sometimes… Mentor/Protege Agreements – When Does Yours Expire; More Traps for the Unwary!March 14, 2016 Mentor-Protege Agreements (MPAs) are a hot topic right now, as we near the Small Business Administration (SBA)’s anticipated issuance of new regulations on a possible “universal” Mentor-Protege program that would extend SBA’s current 8(a) Mentor-Protege (M/P) rules (13 C.F.R. §124.520), to other socio-economic programs. However, as we have discussed from time-to-time, the rules governing… VA’s Rule of Two Applies to IDIQ ContractsMarch 7, 2016 Most contractors are familiar with the “Rule of Two,” which in general requires acquisitions to be set aside if the government determines that there is a reasonable expectation that offers will be received by at least two small (or service disabled veteran-owned, etc.) business concerns and that award can be made at a fair and reasonable price. But what happens if the government determines that… Eric Whytsell Will Be Speaking at the March Meeting of the NWV Chapter of the NCMAMarch 6, 2016 At the March 14th Meeting of the Northern West Virginia Chapter of the National Contract Management Association (NCMA), Eric Whytsell will be giving a presentation entitled, “Practical Answers to Key Protest Questions.” His talk will address the complex set of questions surrounding bid protests, questions that any contractor that has ever been -- or thought it might become -- a disappointed… |
|
© 2024 Jackson Kelly PLLC. All Rights Reserved.