Government Contracts MonitorFriendly Reminder: Protest Grounds Cannot Be Based Solely on Supposition and SpeculationAugust 16, 2018 There can be a huge difference being “knowing” something is true and being able to prove it. The same is true when it comes to articulating protest grounds before the Government Accountability Office (GAO). It’s not enough to simply tell a good story that “makes sense” to yourself. No matter how sound the reasoning, protest claims must be based on more than mere supposition and speculation.… Don't Count on Enhanced Debriefing Rights to Extend Protest Filing Deadlines IndefinitelyAugust 9, 2018 Disappointed bidders usually want an explanation of why they lost. The bid protest regulations recognize as much and provide unsuccessful offerors an opportunity to receive a debriefing that explains the basis for the agency’s decision. The Department of Defense (DoD) recently decided to provide enhanced debriefing rights to its unhappy offerors, which is generally considered a good thing, at… An Inaccurate SAM Registration Is Not Always a Fatal FlawAugust 2, 2018 Most government contractors recognize the importance of scrupulously maintaining their registration in the System of Award Management (SAM). Given the numerous reasons to ensure that a company’s SAM registration is accurate, complete, and up-to-date, many contractors understandably obsess over making sure that the contents of their registration are absolutely correct. Such attention to detail… Identifying Unequal Access OCIs Is Harder Than It looksJuly 26, 2018 Unequal access to competitively useful, non-public information can give contractors an unfair advantage in the procurement process. Accordingly, the Federal Acquisition Regulation (FAR) requires contracting officers to identify and evaluate potential “unequal access” organizational conflicts of interest (OCIs) and directs agencies to avoid or mitigate potential conflicts. Following this… Error 101: Late Afternoon Technical Difficulty Leads to Untimely ProtestJuly 19, 2018 A new system often inspires new hope, at least some of which results from the expectation of a reasonable grace period that allows some trial and error while learning the ropes. As the recent Government Accounting Office (GAO) decision in CWIS, LLC (CWIS), B-416544 (July 12, 2018) revealed, such optimism is misguided in the context of the GAO’s new electronic protest docketing system (EPDS). The… Beware: Your Protest Can Lead to Corrective Actions That You Don't LikeJuly 12, 2018 Disappointed offerors sometimes adopt a protest “strategy” that goes something like this: (1) protest on the basis of a known or suspected problem with the procurement; (2) convince the agency to take corrective action to address the problem you identified; (3) reap the rewards as the agency’s corrective action improves your competitive position with respect to the problem you pointed out. Just… 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! Executives Sentenced to Jail Time for Scheming to Violate the Berry Amendment and Trade Agreements ActJune 28, 2018 Executives of Wellco Enterprises were sentenced earlier this month for their role in a rather brazen scheme to defraud the Government by flouting the sourcing restrictions imposed by the Trade Agreements Act and the Berry Amendment. The executives were among the six defendants originally charged in an 11-count indictment including conspiracy to commit wire fraud, eight counts of wire fraud, major… How Much Modification Is Too Much?June 21, 2018 Savvy contractors who have lost out on a contract award often monitor contract performance and modifications in hopes of identifying business opportunities. If they can find performance problems or improper modifications, their thinking goes, they may be able to position themselves to take work from the original awardee. But such a strategy has some practical limitations. Landing new work as a… Government Matchmaking Is Not "Government Involvement"June 14, 2018 Disappointed bidders seeking to challenge an award decision naturally often look to precedent to guide their arguments. When available precedent is ambiguous, however, they may resort to crafting particularly creative arguments. While this strategy makes sense in most cases, the recent Government Accounting Office (GAO) decision in Management Sciences for Health, B-416041; B-416041.2 (May 25,… An Old-Fashioned Protest Ground--Unduly Restrictive Requirements--Still Alive and WellJune 6, 2018 Successfully protesting the terms of a solicitation as being unduly restrictive is still possible--this protest ground is alive and well. However, it requires more than just showing that you are not capable of meeting the objectionable requirements. You must establish that the solicitation includes requirements that both limit the field of competition and are not necessary to meet the agency’s… Protest Timing and the Goldilocks ProblemMay 31, 2018 Offerors seeking to protest an agency decision face a number of important decisions. One of the most fundamental--and potentially tricky--such issues is when to file the protest. File before an adverse decision by the agency and the protest will be dismissed as premature. But wait too long and it will be dismissed as untimely. While the general rules of protest timing may seem relatively… |
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