Government Contracts MonitorSolicitations / Proposal PreparationAmending the RFP Through a “Threatened” Pre-Proposal ProtestJuly 6, 2015 You are a small business, and believe you have the inside track on a substantial services contract opportunity. You have prepared your proposal, including pricing, and proposals are due mid-day tomorrow. You know the procurement is proceeding on a fast-track, with scheduled contract start-up in a month. However, the agency has just thrown a monkey wrench into the works by… 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… 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… You\'ve Got To Know When To Hold \'Em and Know When To Fold \'EmApril 14, 2015 As Kenny Rogers famously sung in “The Gambler”, “You've got to know when to hold 'em [and] know when to fold 'em.” This sage advice applies as well to contractors considering whether to protest, as amply demonstrated in the recent Government Accountability Office (GAO) decision in SBSI, Inc., B-410923 (March 20, 2015). The SBSI protest involved the second Defense Intelligence Agency… Long-Awaited Limits on Lowest Price Technically Acceptable ProcurementsMarch 23, 2015 Relief is on the way. Over the past several years the alarming increase in the use of LPTA procurements has been criticized, particularly where the government might realize “best value” from an innovative, cost-effective solution. This criticism has now gained an important voice and concrete support in the form of new Department of Defense (DOD) policy guidance urging “limited” use of… 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… 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… Changes to Limitations on SubcontractingFebruary 2, 2015 As reported in this blog back in March of 2013, the National Defense Authorization Act (NDAA) for Fiscal Year 2013 (FY13) made significant changes to the limitations on subcontracting for small business set-aside contracts. Now, twenty-one months later, the Small Business Administration (SBA) has proposed a new rule to implement those changes. While faithfully implementing the statutory… New FAR Interim Rule Increases Minimum Wage to $10.10January 27, 2015 The FAR Council recently issued a new Interim Rule (correction here), implementing President Obama’s Executive Order 13658 establishing a $10.10 per hour minimum wage for employees of covered federal contractors and subcontractors starting January 1, 2015. The new Rule also implements, for FAR-covered contracts, the Final Rule issued by the Department of Labor (DOL) on October 10, 2014,… 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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