This tag is associated with 16 posts

SBA Size Determination “Not Relevant” To Subcontracting Limitation Allegation

In a recent bid protest decision, the GAO (correctly) rejected the procuring agency’s argument that a recent SBA size determination was evidence that a contractor would comply with the subcontracting limitation. Continue reading

GAO: Subcontract With Incumbent Didn’t Mandate High Past Performance Score

In a recent bid protest decision, the GAO held that an agency had properly assigned the offeror a mere “Satisfactory” past performance score, despite a subcontracting relationship with the incumbent, because the prospective prime contractor had not sufficiently demonstrated its own relevant past performance. Continue reading

GAO Protests (And Effectiveness) Rise in 2015 – SmallGovCon

GAO bid protests were up 3% in Fiscal Year 2015–and protesters achieved a favorable outcome in 45% of cases. Continue reading

GAO To Protesters: Check Your (Spam) Email – SmallGovCon

Ordinarily a GAO bid protest follows a common track. After the protest is filed, the agency is given 30 days to file an agency report in response. Once the protester receives the agency report, the protester then has 10 days to file its comments on the agency’s report. If a protester does not timely file its comments, its protest will be dismissed. Continue reading

Ostensible Subcontractor Rule: Hiring Sub’s PM Didn’t Create Affiliation

Ostensible subcontractor affiliation was not created when the small prime contractor proposed to hire its subcontractor’s current employee to serve as the prime contractor’s project manager. Continue reading

GAO: Out-Of-Scope Modification Was Improper – SmallGovCon

An agency may not procure new services under an existing GSA Schedule delivery order if the new services exceed scope of the original delivery order. Continue reading

A solution to the growing bid-protest problem – FederalNewsRadio.com

No matter what the statistics from GAO tell us — for instance, in 2014 the number of bid protests grew by 5 percent — the perception among many is contractor challenges to agency award decisions are not only expected, but planned for at an alarming rate. Continue reading

Offeror’s Winning Bid Of $0.00 Was Acceptable – SmallGovCon

In a recent decision, LCPtracker, Inc.; eMars, Inc., B-410752.3 et al (Sept. 3, 2015), the GAO held an offeror submitting a zero-dollar offer (that is, an offer for $0.00) was eligible to receive a fixed-price contract because both the Government and the contractor would receive benefits under the contract. Source: Offeror’s Winning Bid Of $0.00 … Continue reading

GovConChat™: SBA Takes ‘Top Gun’ Approach to WOSB Sole Source!

When it comes to the amount of time that passes from when Congress makes a law affecting federal contracting rules and the creation and adoption of policy to implement those rules, conventional wisdom tells us diamonds could be created faster. Until today… Continue reading

GovConChat™: 2015 Spending Bill Impact on Small Federal Contractors

ICYMI: Impact of the 2015 Spending Bill on Small Federal Contractors (Especially Women and Veterans!) Congress and the President have done their jobs as far as a new federal budget is concerned, but what is the impact of this spending bill and its provisions on small federal contractors? In October, I spoke with my friend … Continue reading


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