Government Contracts MonitorBid ProtestsDoes Prefab Manufacturing Pass the “Substantial Transformation” Test ?March 2, 2015 With or without legal advice, many contractors develop manufacturing processes to produce products they are confident certifying as Trade Agreement Act (TAA) compliant. Procuring agencies accept the certification and make the purchase. The Government Accountability Office (GAO) decision in Sea Box, Inc., B-409963.3 (February 4, 2015), suggests, however, that contractors… Failing to Meet Socio-Economic and Subcontracting Goals May Cost You!March 2, 2015 A recent GAO decision provides support to agencies in addressing the increasing pressure to evaluate offerors’ compliance with, and puts some teeth in, socio-economic and subcontracting goals. Specifically, GAO found reasonable, and rejected a bid protest challenging, an agency’s assessment of “weaknesses” and downgrading of an offeror’s past performance for failing to meet socio-economic… Discussions Mean You’ll Hear If Your Price Is Unreasonable, But Not Necessarily That It’s UncompetitiveFebruary 23, 2015 Contractors in the competitive range often enter into discussions with unwarranted expectations. The fact that discussions must be “meaningful” does not mean that an offeror will receive actionable information concerning its price. The recent decision in Theodor Wille Intertrade AG, B-409976.3 (January 22, 2015) reiterates what offerors can – and cannot – reasonably expect to learn… Like It, or Not: An Agency Can Evaluate Your Performance Whether It’s Required or NotFebruary 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… Beware “Great” Protest Arguments – They May Not Be So Great After AllFebruary 16, 2015 Offerors that have lost out on an important contract are highly motivated to identify protest grounds that can be used to challenge the agency’s decision. Their desire to overturn the award decision, coupled with information gleaned from their debriefing and other sources, often results in a number of potentially viable protest grounds. Additional grounds sometimes are identified… Getting Larger? You’re Not Automatically Ineligible for Small Business Task OrdersFebruary 16, 2015 Most small business contractors know that growth past a certain point can adversely impact their ability to win new work from the Government. And this understanding is correct, as far as it goes. But, as the recent decision in Research and Development Solutions, Inc., B-410581; B-410581.2 (January 14, 2015), makes clear, it is important not to overstate the impact of becoming “other… Incumbent Left BehindFebruary 2, 2015 The Government Accountability Office (GAO) recently held that procuring agencies are not required to solicit the incumbent for follow-on Federal Supply Schedule (FSS) work, notwithstanding statutory and regulatory changes designed to enhance competition and provide notice “to as many contractors as practicable.” Technical Professional Services, Inc., B-410640, decided Jan. 20, 2015. GAO… Successful Small Business Protesters Not Limited to $150/Hour in Attorneys’ FeesJanuary 27, 2015 Small business offerors weighing the pros and cons of mounting a protest understandably focus on the potential costs of such an effort – and often decide to forgo the legal bills and redirect their focus to the next contract opportunity. The recent cost reimbursement decision in 6K Systems, Inc. – Costs, B-408124.6 (December 16, 2014) provides an important reminder that small businesses… ShortTake: Past Performance v. Experience - Don’t Conflate the TwoJanuary 27, 2015 In a protest decided last week, a disappointed bidder, Amyx, argued that the government was inconsistent in its evaluation of Amyx’s bid since Amyx received only a “good” rating under the relevant experience criterion but an “outstanding” rating under the past performance criterion, an argument that intuitively may seem correct since the government’s ratings were based on the same projects for… Short Take: Protest Success Rate DecliningJanuary 20, 2015
Lindsay Simmons is responsible for the contents of this Short Take © Jackson Kelly PLLC Avoid the ‘New and Improved’ Strain of IncumbentitisJanuary 20, 2015 Just as people across the country have begun to recover from this year’s particularly nasty flu variant, the Government Accountability Office (GAO) has issued a decision involving an especially virulent form of Incumbentitis. This strain manifests as an incumbent’s touting a new and improved version of the same technology it used to perform the prior contract. However understandable… Agency Must Update Solicitation When It Changes Its Buying StrategyJanuary 20, 2015 The Government Accountability Office (GAO) recently sustained a protest where the Navy’s evaluation did not reasonably reflect its planned purchases. Specifically, GAO found that the Navy should have updated its solicitation for a $2.4 billion information technology modernization contract as soon as the Navy changed its buying strategy. “Where an agency’s requirements materially change… |
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