Government Contracts MonitorPast PerformanceKnowing and Meeting Solicitation Requirements, Part IINovember 30, 2015 A recent article addressed the dangers of “aspirational analysis”, the dynamic in which offerors interpret a solicitation as saying what they want it to say rather than recognizing what it actually requires. A slightly different version of the problem is highlighted by the decision in Aerostar Perma-Fix TRU Services, LLC, B-411733; B-411733.4 (October 8, 2015), where the protester… Once again, the Devil’s in the Details -- and the DocumentsJune 26, 2015 In procurement, even the most seemingly insignificant things can actually rob you of any chance of an award. If you want to win contracts, you need to pay attention to detail. This lesson was driven home once again in the recent Government Accountability Office (GAO) decision in Team Systems International, B-411139 (May 22, 2015). The case involved an Army procurement of… Any Way You Look At It: Agency Discretion is a CitadelJune 8, 2015 Reciting a common refrain, the Government Accountability Office (GAO) has once again upheld an agency’s broad discretion to determine its own procurement and solicitation needs. In its recent decision, Financial Asset Management Systems, Inc., B-409722.9 (Apr. 24, 2015), GAO provides an example of the latitude the "reasonableness" standard gives procuring agencies with respect to drafting… 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… 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… 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… 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… New Year’s Resolutions – Reassess Your Size Status, Update Your DSBS and SAM Listings and Check Your Past Performance RatingsJanuary 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… If You See Smoke, Check for FireNovember 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… Beware “Incumbentitis” – It Can Be FatalNovember 11, 2014 Despite all the alarming news about Ebola in the press these days, government contractors face another ailment that’s also scary and, unfortunately, far more common. Known as incumbentitis, this disease all too often prevents contractors from winning renewals of their existing contracts. The symptoms include overconfidence based on past performance; an inability to notice changes in an agency’s… When is the Past Performance of an Affiliate Attributable to the Offeror?August 7, 2014
Raytheon Company protested the award of a contract to EFW, Inc. for integrated fixed towers needed to support the U.S. Customs and Border Protection (Agency) in its border enforcement efforts. Raytheon Co., B-409651 (Comp. Gen. July 9, 2014). One basis of this protest related to past performance -- that when the Agency evaluated EFW’s past performance it “conflated” various… Another Corrective Action Challenge Sustained in Case Complicated by “Curious Agency Actions”April 8, 2014 The Court of Federal Claims (COFC) recently sustained another corrective action challenge, and enjoined the Veterans Administration (VA) from proceeding with the challenged award. Manus Medical, LLC v. United States (“Manus-3”), No. 14-26C (Fed. Cl. March 19, 2014). The Court stated that “[t]his is a relatively simple case made more complicated by some curious… |
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