Public Contracting Institute

NOVEMBER 1, 2024

The Government Accounting Office (“GAO”) receives numerous protests alleging that the time allotted from publication of a solicitation to submission of offers is unreasonable. On January 11, 2023, the Army published a pre-solicitation synopsis for a Positron Emission Tomography or Computed Tomography (“PET/CT”) on the SAM.gov website.

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SmallGovCon

SEPTEMBER 19, 2023

May 23, 2023). Additionally, in a somewhat unique situation, the court in Myriddian not only had to inform the awardee, Cloud Harbor, that it was noncompliant and, therefore, ineligible, but also had to inform the contracting agency, the Department of Health and Human Services (DHHS). Myriddian, LLC v. United States , No. 23-443 (Fed.

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Government Contracts

FEBRUARY 12, 2024

Government Accountability Office that a $1 billion contract for services supporting the Office of Refugee Resettlement's program for unaccompanied children was awarded based on a flawed evaluation, making it one of Law360's 2023 Government Contracts Practice Groups of the Year.

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Inside Government Contracts

OCTOBER 9, 2023

This pilot program could provide an opportunity for the DIB to become more directly involved in CMF operations and evaluations. Independent Evaluation of Requirement for a United States Cyber Force. This proposed rule would make compliance with these requirements material to eligibility for and payment under a government contract.

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Select GCR

DECEMBER 3, 2024

Discover how to navigate the process and secure government contracts for your business. Key Takeaways Bidding on government contracts presents significant growth opportunities for businesses, especially small enterprises, with substantial revenue and credibility benefits. Why Bid on Government Jobs?

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SmallGovCon

AUGUST 29, 2024

How agencies evaluate past performance of joint ventures has been a somewhat confusing topic for federal contractors over the past few years. A procuring activity may not require the protégé firm to individually meet the same evaluation or responsibility criteria as that required of other offerors generally. 745 (2023).

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Government Contracts & Investigations

NOVEMBER 7, 2023

With GAO’s statistics for Fiscal Year 2023 (“FY 23”) just released, we thought now is the perfect time to share some insights we gained by reading every published decision in which GAO sustained a protest during FY 23. Just looking at the numbers, between 2019 and 2023, the protester lost between 69% to 87% of the merits based decisions.

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SmallGovCon

DECEMBER 21, 2023

This is essentially Federal Government Contracting 101 and applies to any type of solicitation. 2023 CPD ¶ 262 (Comp. Looking for the latest government contracting legal news? When submitting an offer, it is important to make sure that all the requirements of the solicitation are met. In RELX, Inc.,

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SmallGovCon

MAY 2, 2024

The time of year that all federal government contractors wait for with bated breath to see how well agencies performed in relation to their small business subcontracting goals (or at least how well the metrics show them to be doing). And for 2023, it looks like things are looking up with every category making gains from the previous year.

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Public Contracting Institute

NOVEMBER 29, 2023

The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2023 on October 26, 2023 (B-158766). The GAO sustain rate increased substantially from 13 percent in FY 2022 to 31 percent in FY 2023. GAO’s two year average sustain rate in FY 2022-2023 was 22 percent.

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Government Contracts & Investigations

JANUARY 31, 2024

As we enter into the new year, it remains critical for government contractors to understand what issues win at the GAO and why. Below, we cover a few important GAO decisions you should know from December 2023. 18, 2023, 2023 WL 8874140. [2] 19, 2023, 2023 WL 8922168. FOOTNOTES [1] Washington Bus.

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Public Contracting Institute

SEPTEMBER 7, 2023

In a recent protest, the Government Accountability Office (“GAO”) held that although performance risk was not specifically listed as an evaluation criterion, an agency may always consider risk that is intrinsic to the stated evaluation factors. B-421406, April 25, 2023. South Dade A/C and Refrig.,

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Evaluation Quality E-procurement Government Contracts 40

Government Contracts & Investigations

DECEMBER 6, 2023

Two categories of successful protest arguments discussed in our previous blog are Improper Past Performance Evaluations and Flawed Best Value Analyses. Another category of successful protest challenges are those where there is an improper technical evaluation. 1, 2023, 2023 WL 8060261. [2] 17, 2023, 2023 WL 8120120. [3]

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Bidding Sustainability Evaluation Thresholds 52

Public Contracting Institute

SEPTEMBER 21, 2023

A recent decision confirms that in a source selection, the Government Accountability Office (“GAO”) saw nothing unreasonable in giving credit to an offeror that exceeded the solicitation requirements but could provide value to the agency during contract performance. May 11, 2023. Awardee’s evaluated price was $64.98

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SmallGovCon

JANUARY 20, 2025

We started discussing the Act back in early 2023 after it was passed in late 2022, and I outlined my predictions at the Court of Federal Claims judicial conference. ” For the contracting officer, there are guidelines for evaluating OCIs and managing them. Looking for the latest government contracting legal news?

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Government Contracts

JANUARY 16, 2024

Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

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Bidding Import Evaluation Accountability 52

Inside Government Contracts

DECEMBER 14, 2023

Indeed, the Report noted that the OIG’s own lack of adequate resources impacted their ability to fully evaluate DOE’s cybersecurity posture and infrastructure, stating that OIG has only received a fraction of the funding they need to conduct the necessary oversight. billion as reported in the FY 2022 Agency Financial Report.

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Whistleblower Network News

MARCH 15, 2024

Savage, who is African American, became a whistleblower shortly after being named to head the Army Corps of Engineers’ Huntsville, Alabama contracting office. When she entered her new position, she found rampant government contracting fraud occurring in plain sight. She then went to the auditing department.

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SmallGovCon

NOVEMBER 22, 2023

This will get contractors more information about their evaluation, but critically, GAO has held that if a contractor chooses to postpone the pre-award debrief until post-award for more information, the contractor actually loses its right to protest. Looking for the latest government contracting legal news?

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Bidding Evaluation Procurement Government Contracts 105

Government Contracts Legal Forum

AUGUST 8, 2023

The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. View the full article

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Government Contracts & Investigations

OCTOBER 11, 2023

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. The September 2023 Cost Corner concluded a three-part series on TINA. which applies to contracts with commercial organizations.

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Price Government Contracts Government Government 52

Government Contracts Legal Forum

NOVEMBER 6, 2023

The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. B‑421740, B-421740.2, In Guidehouse, Inc. ,

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Government Contracts Legal Forum

JULY 31, 2023

The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. LLC; Akima Sys. View the full article

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Sustainability Bidding E-procurement Evaluation 40

FedInsider

OCTOBER 10, 2023

Wednesday, November 8, 2023 | 2:00PM EST | 1 Hour | Training Certificate Many government agencies wrestle with their legacy systems and outdated processes every day, especially when it comes to cybersecurity and data flow. Department of Labor (DOL) and the U.S. Department of Health and Human Services (HHS).

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SmallGovCon

SEPTEMBER 26, 2024

Back in 2023, we wrote about Congress’s late-2022 mandate to update and clarify various rules surrounding organizational conflicts of interest (or OCIs). 44, 58 (2023). That example refers to a contractor helping to “develop a system for evaluating and processing license applications.” United States , 165 Fed.

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SmallGovCon

OCTOBER 31, 2023

The DoD is adding “manufacturing, test and evaluation” to the list of assistance that a Mentor may provide to a Protégé, and “manufacturing innovation institutes” to the list of assistance that a Mentor may obtain for a Protégé. Looking for the latest government contracting legal news?

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Government Contracts Legal Forum

OCTOBER 27, 2023

The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. involving organizational conflicts of interest (OCIs).

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Sustainability Bidding Engineering Evaluation 40

Government Contracts & Investigations

FEBRUARY 29, 2024

9] Costs of compensation established under covered labor-management agreements are deemed reasonable unless the costs are “unwarranted” by the character and circumstances of the work or “discriminatory” against the Government. [10] 29] As a result, such compensation has a lower the audit risk.

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Price Government Contracts Government Government 52

SmallGovCon

FEBRUARY 22, 2024

VSBC-334, 2023 (Feb. And DLA announced the award to BTNG on December 6, 2023. McKenna Brytan filed a timely SDVOSB status protest of the awardee with DLA’s Contracting Officer for the RFQ. In Mckenna Brytan Indus. LLC , SBA No. 8, 2024) , the U.S. 128.401(a).

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Sustainability E-procurement Price Government Contracts 85

Government Contracts Legal Forum

NOVEMBER 6, 2023

On October 26, 2023, the U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2023. appeared first on Government Contracts Legal Forum. The post GAO’s Bid Protest Sustain Rate Soars, but Is There a Catch? View the full article

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SmallGovCon

APRIL 4, 2024

GAO first analyzed FAR 52.204-7 and found that the text of the FAR provision requires offerors to maintain SAM registration throughout the evaluation period (i.e., the time between proposal submission and the award of any contract). Need legal assistance with a government contracting matter? United States , 165 Fed.

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Bidding Evaluation Government Contracts Procurement 81

Public Contracting Institute

FEBRUARY 28, 2024

LPE Strategy, LLC, Be-427723.2,3, October 16, 2023 (considering a partially performed contract for past performance). LPE protested that the agency improperly accepted MPZA’s past performance under a bridge contract, had improperly evaluated proposals technically, and made an improper best value selection.

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Contract Price Evaluation Government Contracts 52

Public Contracting Institute

MARCH 20, 2024

In a recent solicitation by the Department of Veterans Affairs (“VA”) for a ten year, indefinite delivery, indefinite contract for supply chain modernization services, IBM protested that the evaluation criteria assessing offerors’ financial liquidity and solvency are unduly restrictive of competition. B-421841, Oct. Takeaway.

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SmallGovCon

NOVEMBER 17, 2023

However, an investigation by GAO indicates that large business contractors aren’t meeting their small business subcontracting goals as often as the government would hope. The Gist On November 9, 2023, GAO issued its report regarding large business compliance with small business subcontracting plans.

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SmallGovCon

SEPTEMBER 17, 2024

SBA’s proposed rule would change HUBZone protests appeals, principal office requirements (which we did discuss a bit before here ), HUBZone map concepts, and the HUBZone price evaluation preference (PEP). PEP (Price Evaluation Preference) Finally, we look at proposed changes to the HUBZone PEP. 126.800. .” Email us here.

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Public Contracting Institute

JUNE 12, 2024

28, 2023 , the protester, Armstrong, (who was the low offeror) failed to write an adequate proposal that included all required information. Finally, the solicitation stated that “Offerors are responsible for including sufficient details, in a concise manner, to permit complete and accurate evaluation of each proposal. B-422123, Dec.

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SmallGovCon

OCTOBER 9, 2023

VSBC-297, 2023 (Aug. 2023), the VA sought roof replacement services under 236220, Commercial and Institutional Building Construction, with a corresponding $45 million annual receipts size standard. Looking for the latest government contracting legal news? In Silotech-Apex JV, LLC , SBA No. Section 7.0

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