Government Contracts MonitorBids and ProposalsDebriefings Get Even Better …. At Least With the Department of DefenseMarch 22, 2022 As most of our readers know, the Federal Acquisition Regulation (FAR) has long provided a right to a post-award debriefing for both successful and unsuccessful offerors. FAR 15.506(b). On March 18, 2022, the Department of Defense (DoD) published a FINAL RULE: (i) to enhance this post-award debriefing right for competitively awarded contracts, task orders, and delivery orders that exceed $10… GAO Sustains Limiting the Number of Projects Allocable to a Large Business Mentor's Experience, but Rejects Treating a Mentor-Protégé Joint Venture Differently than a Prime/Subcontractor Contractor Teaming AgreementMarch 17, 2019 One of the principal advantages of an approved Mentor/Protégé Agreement (MPA) is that the Mentor and Protégé can enter into a joint venture (JV) that can compete as small for any contract for which the Protégé would be eligible (see, e.g., 13 C.F.R. § 125.109(d)(1)). In turn, one of the principal advantages of a JV - now enshrined in statute and regulation - is that in evaluating experience and… Changing Key Personnel After Proposal Submission? Not So Fast....February 6, 2019 As the GAO recently determined, and the Court of Federal Claims affirmed, an offeror who finds itself in a position of having to modify key personnel specified in its proposal, after the deadline for proposal submission, may end up with an unacceptable proposal. If an agency notified offerors that it might award without discussions, an offeror will not be able to "re-open" the proposal process to… Release of Proprietary Information - Tainted Procurement?December 11, 2018 What happens when a competitor receives proprietary information during a procurement? Will an offeror whose information has been improperly disclosed succeed in a protest? The answer is . . . it depends. Most recently, in DynCorp International, LLC, the Court of Appeals for the Federal Circuit held that an agency had a reasonable basis for not disqualifying a competitor that had received… The Challenge in Challenging A CICA Override - Know Your FactsNovember 28, 2018 Under the Competition in Contracting Act’s (CICA’s) automatic stay, agencies, upon receiving notice that the award is being protested, must “direct the contractor to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the United States under that contract.” 31 U.S.C. § 3553(d)(3)(A)(ii)(2). Although CICA gives the… FAR Change Clarifies that Offerors (Including Joint Ventures) Must Register in SAM Before Submitting OffersNovember 4, 2018 The Federal Acquisition Regulation (FAR) has been amended to make clear that offerors, including joint ventures, must be registered and active in the System for Award Management (SAM) prior to submitting bids or offers responding to Federal Government solicitations. Such registration includes completing the standard annual Representations and Certifications (Reps & Certs) required by most… The Cardinal Change - A Dramatic But Important RemedyOctober 17, 2018 All experienced government contractors know that it is often impossible to predict (and therefore to price), the wide range of risks involved in performing federal government contracts. When a dramatic change occurs, it can sometimes be compensable as a cardinal change - a change that occurs when a contractor is directed to perform additional work beyond the scope of the contract. Case in point: … Are there Cybersecurity Risks in Your Supply Chain?October 9, 2018 By now we all know that the Federal Government has dramatically increased its efforts to reduce threats to cybersecurity: witness a case in the Court of Federal Claims (COFC) where the Social Security Administration (SSA), in acquiring new printers, was determined to avoid supply chain risks it suspected were present in a bidder’s offer. The bidder protested, but the COFC agreed with the agency.… Sometimes Less Than Complete Information Is Enough, but Don't Count on ItSeptember 6, 2018 As a general rule (and best practice), offerors should always strive to ensure their proposals provide complete and accurate information that strictly complies with the solicitation requirements--and gives the procuring agency what it needs to make a favorable award decision. To do otherwise is to flirt with an agency determination that the proposal is nonresponsive or otherwise insufficient. In… 4th of July HolidayJuly 2, 2018 In observance of the July 4th holiday, the Government Contracts Monitor will not be publishing a blog this week. We will resume blogging the week of July 9th. In the meantime, have a great 4th of July! In the Absence of a Definition, the Agency's Reasonable Interpretation of Terms ControlsMay 3, 2018 It’s essentially impossible to submit a winning proposal if you don’t understand what the procuring agency wants to buy. But understanding what a solicitation is saying is sometimes more difficult than it seems. Offerors pursuing a contract award are sometimes disappointed to learn that their understanding of a word or phrase does not match the meaning the procuring agency intended it to convey.… If It's Not Equal or Comparable, It's Not AwardableApril 24, 2018 When an agency issues a request for quotations (“RFQ”) for a product with certain technical specifications, but then awards a purchase order based on an allegedly equal or comparable product, the Government must ensure the quoted products are, in fact, equal and comparable. Otherwise, the RFQ must be amended to allow all bidders to provide quotes based on the less exacting technical… |
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