Government Contracts MonitorBid ProtestsGAO Sustains Ambiguous Specification Challenge After Agency Refused to ClarifyNovember 16, 2015 A recent Government Accountability Office (GAO) decision emphasizes a point that we have often urged – namely, that if you are unclear what an agency requires as set out in its solicitation (1) you need to seek clarification from the agency, and (2) if the agency refuses or fails to provide adequate clarification, you need to protest before the next solicitation closing date. The problem with… Is That Contract Modification Allowable or Not?November 16, 2015 Depending on your perspective, a contract modification that adds work to the existing contract may be either absolutely and “obviously” appropriate (if you’re the contractor) or an improper method of avoiding the fair and open competition required by the Competition in Contracting Act (CICA) (if you’d like an opportunity to compete for the new work). Choosing between these two extremes can be… Exactly What Does the Solicitation require? Know it and Meet itNovember 10, 2015 Companies assessing and working to respond to solicitations need to be careful not to fall prey to “aspirational analysis” – finding what they want to find in the stated requirements instead of understanding and accepting what those requirements actually say. Of course, contractors sometimes decide to ignore the solicitation terms and pursue the contract anyway, either confident that they have a… Proposal Preparation: Make Clear Your Proposed Personnel Are AvailableNovember 10, 2015 Two recent decisions by the Government Accountability Office (GAO) highlight the importance of making clear, in your proposal, that your proposed staff and key personnel are locked-in and will be available and ready to go at the start of the proposed effort. This is particularly so where the solicitation requires express availability commitment letters. In each of these cases the offeror… FSS: Items Not on Your Schedule? No Problem – Just Add Them!October 26, 2015 It has long been the rule that all items quoted and ordered in a Federal Supply Schedule (FSS) task order competition under FAR Part 8.4 must be on the vendor’s schedule contract at the time the order is awarded. However, a recent Government Accountability Office (GAO) decision clarifies that the critical moment is literally the task order award date, and not the offer or any other… Make Sure Your Interpretation of the RFP Takes All the RFP Language into AccountOctober 26, 2015 Whether preparing proposals or contemplating a protest, offerors sometimes fall into the trap of reading the solicitation’s requirements with a slant that favors the offeror’s proposed solution. It’s all too easy to focus on the solicitation language that readily aligns with the offeror’s proposal – and ignore other portions of the requirements that do not fit as well. The recent decision in C&S… Competitor’s Risky Plan May Provide Basis for ProtestOctober 19, 2015 Disappointed offerors sometimes struggle to find viable protest grounds, but savvy firms know the importance of looking beyond the factual circumstances at the time of award. Depending on the stated evaluation criteria, learning the competition’s plans for the future may hold the key to a successful protest. The value of such an approach was recently demonstrated in the Government Accountability… Corrective Action Must Consider Changed CircumstancesOctober 12, 2015 The Government Accountability Office (GAO) recently reiterated, in the corrective action context, that an agency cannot ignore changed circumstances, and that an award cannot stand where, as a result of interim developments, the awardee no longer intends to perform in a manner consistent with its proposal. FCi Federal, Inc., B-408558.7, B-408558.8, August 5, 2015. In an earlier decision discussed… Short Take: Refusing to Implement GAO’s Ruling – Is It Possible?October 6, 2015 Caddell Construction Company filed a successful protest with the General Accountability Office (GAO) but then had to challenge the agency’s refusal to follow GAO’s ruling in the Court of Federal Claims (COFC). The Court recognized “the long-standing expertise of GAO in the bid protest arena” and that it generally accords GAO’s decisions “due regard”, but reminded us that “GAO… What You Say in Your Proposal Can and Will Be Used Against YouOctober 5, 2015 Preparing a contract proposal can be like writing a story. But while a story involves plot and character development, a proposal instead focuses on how best to explain why the offeror and its product/services are the best response to the agency’s stated needs. In order to be successful, the explanation must include only information that supports the message being conveyed.… You Can’t Always Rely on the Kindness of Strangers, or Contracting OfficersOctober 5, 2015 Disappointed small business offerors sometimes turn to the certificate of competency (COC) procedures of the Small Business Administration (SBA) when their proposals are found technically unacceptable. Arguing that the unacceptability is actually a matter responsibility that must be considered by SBA, these offerors hope that a favorable COC determination will save the day. Sometimes… Possible Federal Government Shut-Down – Actions to Take NowSeptember 28, 2015 Could it really happen again? Are Congressional memories so short that members don’t recall the high costs and disruption, as well as the public fear, frustration and anger with the last shut-down two years ago? Representative Boehner assured the nation this past Sunday that a shut-down won’t happen, and his unexpected decision to step down towards the end of next month may give him… |
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