Government Contracts Monitor

When it Comes to the 90-Day Window to Appeal a Final Decision, Don't Play With Fire or You Might Get Burned

August 31, 2018

The Contract Disputes Act provides 90 days to appeal a Contracting Officer decision to the appropriate authority. While that might seem like a long window, it is one that must be given the utmost attention because missing it robs the Board of its jurisdiction over the matter. The decision in Aerospace Facilities Group, Inc., ASBCA No. 61026 (“Aerospace Facilities”) provides a good reminder of…

Pay Attention to What the Solicitation Says

August 24, 2018

The recent decision in Distributed Solutions, Inc., B-416394 (August 13, 2018) serves as another reminder of the importance of strict adherence with all solicitation requirements. Just as contract interpretation strives to ensure that every provision in the agreement is given meaning, an offeror’s review of--and response to--a solicitation cannot ignore any of its terms.

In Distributed Solutions,…

Friendly Reminder: Protest Grounds Cannot Be Based Solely on Supposition and Speculation

August 17, 2018

There can be a huge difference being “knowing” something is true and being able to prove it. The same is true when it comes to articulating protest grounds before the Government Accountability Office (GAO). It’s not enough to simply tell a good story that “makes sense” to yourself. No matter how sound the reasoning, protest claims must be based on more than mere supposition and speculation.…

Don't Count on Enhanced Debriefing Rights to Extend Protest Filing Deadlines Indefinitely

August 10, 2018

Disappointed bidders usually want an explanation of why they lost. The bid protest regulations recognize as much and provide unsuccessful offerors an opportunity to receive a debriefing that explains the basis for the agency’s decision. The Department of Defense (DoD) recently decided to provide enhanced debriefing rights to its unhappy offerors, which is generally considered a good thing, at…

An Inaccurate SAM Registration Is Not Always a Fatal Flaw

August 3, 2018

Most government contractors recognize the importance of scrupulously maintaining their registration in the System of Award Management (SAM). Given the numerous reasons to ensure that a company’s SAM registration is accurate, complete, and up-to-date, many contractors understandably obsess over making sure that the contents of their registration are absolutely correct. Such attention to detail…

Identifying Unequal Access OCIs Is Harder Than It looks

July 27, 2018

Unequal access to competitively useful, non-public information can give contractors an unfair advantage in the procurement process. Accordingly, the Federal Acquisition Regulation (FAR) requires contracting officers to identify and evaluate potential “unequal access” organizational conflicts of interest (OCIs) and directs agencies to avoid or mitigate potential conflicts. Following this…

Error 101: Late Afternoon Technical Difficulty Leads to Untimely Protest

July 20, 2018

A new system often inspires new hope, at least some of which results from the expectation of a reasonable grace period that allows some trial and error while learning the ropes. As the recent Government Accounting Office (GAO) decision in CWIS, LLC (CWIS), B-416544 (July 12, 2018) revealed, such optimism is misguided in the context of the GAO’s new electronic protest docketing system (EPDS).

The…

Beware: Your Protest Can Lead to Corrective Actions That You Don't Like

July 13, 2018

Disappointed offerors sometimes adopt a protest “strategy” that goes something like this: (1) protest on the basis of a known or suspected problem with the procurement; (2) convince the agency to take corrective action to address the problem you identified; (3) reap the rewards as the agency’s corrective action improves your competitive position with respect to the problem you pointed out. Just…

4th of July Holiday

July 3, 2018

In observance of the July 4th holiday, the Government Contracts Monitor will not be publishing a blog this week. We will resume blogging the week of July 9th.

In the meantime, have a great 4th of July!

Executives Sentenced to Jail Time for Scheming to Violate the Berry Amendment and Trade Agreements Act

June 29, 2018

Executives of Wellco Enterprises were sentenced earlier this month for their role in a rather brazen scheme to defraud the Government by flouting the sourcing restrictions imposed by the Trade Agreements Act and the Berry Amendment. The executives were among the six defendants originally charged in an 11-count indictment including conspiracy to commit wire fraud, eight counts of wire fraud, major…

How Much Modification Is Too Much?

June 22, 2018

Savvy contractors who have lost out on a contract award often monitor contract performance and modifications in hopes of identifying business opportunities. If they can find performance problems or improper modifications, their thinking goes, they may be able to position themselves to take work from the original awardee. But such a strategy has some practical limitations. Landing new work as a…

Government Matchmaking Is Not "Government Involvement"

June 15, 2018

Disappointed bidders seeking to challenge an award decision naturally often look to precedent to guide their arguments. When available precedent is ambiguous, however, they may resort to crafting particularly creative arguments. While this strategy makes sense in most cases, the recent Government Accounting Office (GAO)  decision in Management Sciences for Health, B-416041; B-416041.2 (May 25,…