Government Contracts MonitorBids and ProposalsShort Take: Get It Done, and Done Right, in SAMJune 22, 2015 Nationwide Value Computer, Inc. protested an agency’s determination that it was not an eligible small business concern. The General Accountability Office (GAO) made short work of the protest. Why? The record showed, and Nationwide could not contest, that Nationwide represented it was not a small business in its SAM (System for Award Management) profile. Nationwide argued… Willie Wonka at GAO: Everyone Gets to Compete on the Same BasisMay 4, 2015 Virtually every child of the 1970s or 80s will remember the scene from the classic movie, Willy Wonka and the Chocolate Factory, when Gene Wilder’s character, Willy Wonka, unilaterally changes the rules of competition for the factory, dashing endearing Charlie’s hopes and dreams. Justice is restored when Charlie stands up to Wonka and points out that he has been unfair. Hanel Storage… CICA Stays: You May Not Get What You Want, But You Can Get What You NeedApril 27, 2015 What does an automatic stay under the Competition in Contracting Act (CICA) mean in the context of a pre-award protest? In Caddell Construction, the Court of Federal Claims told us: it’s a stay of the award. The government can continue to receive and evaluate bids during ongoing protests – it is only precluded from awarding a contract. Caddell Construction Co. LLC v. U.S., CFC… A Shakespearian Twist: First Let’s Kill All the ConsultantsApril 27, 2015 In a decision having potentially far-reaching implications, the Government Accountability Office (GAO) recently sustained an agency’s bar on offerors using proposal consultants to prepare offerors’ responses to sample tasks as part of the offerors’ technical proposals. Advanced Communications Cabling, Inc. ("ACCI"), B-410898.2, decided March 25, 2015. In addition to raising the… Led Astray? Agency Discussions Are Sometimes MisleadingApril 20, 2015 Agencies may not mislead offerors by framing discussion questions that “misinform the offeror concerning a problem with its proposal.” CFS-KBR Marianas Support Services, LLC; Fluor Federal Solutions LLC, B-410486, January 2, 2015. Discussions, when held by an agency in connection with a negotiated procurement, must “identify deficiencies and significant weaknesses in an offeror’s… Your Team Members May Not Be All Yours -- How Far Does “Exclusivity” Extend?April 20, 2015 Troubling facts surfaced in a recent bid protest before the Government Accountability Office (GAO) raising significant questions as to the effect and reach of exclusivity language in a teaming agreement. The protest also demonstrates the difficulties in getting an agency or GAO to interpret and enforce exclusivity provisions. ERIMAX, Inc., B-410682, Jan. 22, 2015. ERIMAX, Inc.… Don’t Dawdle in Formulating Your Bid and Teaming Strategy!April 14, 2015 Be diligent in identifying bidding opportunities, and formulating and implementing your bidding and teaming strategy, and do not count on a proposal due date extension to bail you out – particularly in commercial item procurements. As seen in Richen Management, LLC, B-410903, decided March 10, 2015, an agency’s refusal to allow more than 28 days to submit initial proposals, notwithstanding… Short Take: Agencies Don’t Tailor Their Requirements to Fit Your NeedsMarch 9, 2015 WKF Friedman Enterprises (WKF) protested the terms of a solicitation issued by the Defense Logistics Agency for 74,274 tank track pads, asserting that the solicitation requirement for offers to be submitted on an “all or none” basis was unduly restrictive of competition. WKF Friedman Enterprises, B-410827. GAO disagreed. WKF wanted to submit an offer for less than half of the… Agency Failure to Answer Clarification QuestionFebruary 23, 2015 A recent decision by the Civilian Board of Contract Appeals (CBCA) demonstrates the importance of both (i) bidders asking questions to clarify potentially ambiguous solicitation provisions, and (ii) agencies providing clear answers to bidder inquiries, definitively resolving any potential solicitation ambiguities. Specifically, in Leeward Construction Corp. v. Department of Veterans… 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… Pre-Award Departure of Proposed Project Manager: Is it a False Statement Not to Amend Your Proposal?February 9, 2015 The United States Court of Appeals for the Sixth Circuit recently tackled the interesting issue of whether or not an awardee’s failure to modify its proposal prior to award – to reflect the pre-award departure of its proposed Project Manager – represents a false statement under the False Claims Act (FCA). Under the facts presented in United States ex rel. American Systems… 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… |
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