October 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…
August 18, 2015
Last week the Government Accountability Office (GAO) sustained a protest where the solicitation called for award of a fixed-price contract, the protester’s quotes were very low, and the agency concluded that protester’s low prices created a risk of unsuccessful performance. According to GAO this was a “no-no” since there was nothing in the evaluation criteria that put bidders on notice…
August 3, 2015
Sometimes, circumstances force offerors to consider making changes to their proposal after it’s been submitted. In some cases, offerors decide they need to go so far as to alter their own structure to address a newly discovered problem. As the recent decision in Task Source/Military Personnel Services Corporation FEPP, LLC, B-411173.3 (July 8, 2015) shows, however, material changes to the offeror…
March 23, 2015
Most contractors have at least a general understanding that suspension and debarment should be avoided like the plague. Being found nonresponsible and, therefore, ineligible to do business with the government (or its prime contractors and subcontractors) would be a death knell for many companies. As many contractors know, however, you can challenge a notice of suspension and debarment -- and even…
February 16, 2015
We often hear complaints from contractors that have not received Past Performance Evaluations (PPEs), and for good reason. PPEs are critical to a contractor’s ability to compete successfully for new government business. It therefore is surprising to see a contractor complain – actually sue – when the government issues a PPE. But that’s exactly what happened in a somewhat…
January 12, 2015
Happy New Year! The start of a new year is a time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2015.
1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies operate on a calendar year for tax reporting purposes. For such companies the start of a new tax year, and the end of the prior year, means a change…
November 25, 2014
Just because a small business award involves security clearance issues does not automatically mean there is a “responsibility matter” that must be referred to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. Sometimes, as in the recent case of MT & Associates, LLC, B-410066 (October 17, 2014), the protestor simply fails to convince the agency…
November 18, 2014
Given the FAR 9.103(b) mandate that “no purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility,” FCi Federal, Inc. (FCi) was surprised when the Department of Homeland Security (DHS) awarded a $210 million contract to FCi’s competitor, USIS PSD. Why? Because the award came after a flurry of media reports containing allegations of…
November 4, 2014
The Court of Federal Claims recently determined, for the second time in two years (see our March 2013 blog: Due Process is Alive and Well), that the Department of Veterans Affairs (VA) failed to provide due process to a Service-Disabled Veteran-Owned Small Business (SDVOSB) in connection with its eligibility decertification. The Court also ruled that VA’s Office of Small and Disadvantaged…
October 28, 2014
Many companies licensing software to federal agencies have been frustrated by their government customers’ apparent inability to effectively manage their licensing efforts. Too often agencies either: (i) buy more licenses that they need and later ask for rebates or concessions because they “didn’t use the software”; or (ii) purchase too few licenses and exceed licensed usage limits, triggering a…
October 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…
August 18, 2015
Last week the Government Accountability Office (GAO) sustained a protest where the solicitation called for award of a fixed-price contract, the protester’s quotes were very low, and the agency concluded that protester’s low prices created a risk of unsuccessful performance. According to GAO this was a “no-no” since there was nothing in the evaluation criteria that put bidders on notice…
August 3, 2015
Sometimes, circumstances force offerors to consider making changes to their proposal after it’s been submitted. In some cases, offerors decide they need to go so far as to alter their own structure to address a newly discovered problem. As the recent decision in Task Source/Military Personnel Services Corporation FEPP, LLC, B-411173.3 (July 8, 2015) shows, however, material changes to the offeror…
March 23, 2015
Most contractors have at least a general understanding that suspension and debarment should be avoided like the plague. Being found nonresponsible and, therefore, ineligible to do business with the government (or its prime contractors and subcontractors) would be a death knell for many companies. As many contractors know, however, you can challenge a notice of suspension and debarment -- and even…
February 16, 2015
We often hear complaints from contractors that have not received Past Performance Evaluations (PPEs), and for good reason. PPEs are critical to a contractor’s ability to compete successfully for new government business. It therefore is surprising to see a contractor complain – actually sue – when the government issues a PPE. But that’s exactly what happened in a somewhat…
January 12, 2015
Happy New Year! The start of a new year is a time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2015.
1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies operate on a calendar year for tax reporting purposes. For such companies the start of a new tax year, and the end of the prior year, means a change…
November 25, 2014
Just because a small business award involves security clearance issues does not automatically mean there is a “responsibility matter” that must be referred to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. Sometimes, as in the recent case of MT & Associates, LLC, B-410066 (October 17, 2014), the protestor simply fails to convince the agency…
November 18, 2014
Given the FAR 9.103(b) mandate that “no purchase or award shall be made unless the contracting officer makes an affirmative determination of responsibility,” FCi Federal, Inc. (FCi) was surprised when the Department of Homeland Security (DHS) awarded a $210 million contract to FCi’s competitor, USIS PSD. Why? Because the award came after a flurry of media reports containing allegations of…
November 4, 2014
The Court of Federal Claims recently determined, for the second time in two years (see our March 2013 blog: Due Process is Alive and Well), that the Department of Veterans Affairs (VA) failed to provide due process to a Service-Disabled Veteran-Owned Small Business (SDVOSB) in connection with its eligibility decertification. The Court also ruled that VA’s Office of Small and Disadvantaged…
October 28, 2014
Many companies licensing software to federal agencies have been frustrated by their government customers’ apparent inability to effectively manage their licensing efforts. Too often agencies either: (i) buy more licenses that they need and later ask for rebates or concessions because they “didn’t use the software”; or (ii) purchase too few licenses and exceed licensed usage limits, triggering a…
