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The 2024 NDAA is directing quite a change in past performance evaluations for offerors in Department of Defense acquisitions. The 2024 NDAA, though, has actually mandated a change within the DFARS that will up-end this long-held tenet for Department of Defense contracts. Looking for the latest governmentcontracting legal news?
.” “While the agency did not know that DecisionPoint was the prime contractor at the time of its initial evaluation, the agency was aware of this fact when it conducted its post-corrective action evaluation.” Looking for the latest governmentcontracting legal news?
SBA regulations dictate how the capabilities, past performance, and experience of a mentor-protégé joint venture will be evaluated. But at the end of the day, what matters is, whether agencies will follow those regulations in their small business set-aside solicitations and evaluations thereunder.
.” This gives the intervenor the ability to argue for dismissal of the protest, and a way to directly argue against the protest allegations and in support of the agency’s evaluation in the comments stage of the bid protest. Looking for the latest governmentcontracting legal news? Need legal assistance?
This is a contrast from the GAO protest world, where the agency will often decline to produce documents on the basis of relevance, and even fight through rounds of objections to not include agency evaluation materials. Finally, the list of documents includes the proposals and evaluation record for all offerors. Need legal assistance?
Please check out the new release from my friend, federal contracting expert Michael LeJeune. Bestselling author and GovCon expert, Michael LeJeune is releasing his new book , “I’m New to GovernmentContracting – Where Should I Start?” first appeared on SmallGovCon - GovernmentContracts Law Blog.
Size and status protests, which are reviewed by the SBAs Office of Hearings and Appeals (OHA), are far less common than GAO protests which protest an evaluation aspect of a solicitation or award. But when they are used they can be a powerful tool to keep contracting dollars intended for small businesses to stay with small businesses.
Accordingly, COFC issued the preliminary injunction, and ordered the parties to continue with the protest to achieve a final resolution, demonstrating the vital importance of accurate and continual SAM registration to the federal governmentcontracting process. Looking for the latest governmentcontracting legal news?
Looking for the latest governmentcontracting legal news? The post 2024 GAO Bid Protest Report: Numbers Down, Effectiveness Still Even Odds first appeared on SmallGovCon - GovernmentContracts Law Blog. Call us at 785-200-8919.
Solicitations for brand name or equal products are commonly used by contracting officers to ensure that the products procured via the contract meet minimum requirements. By evaluating proposals on characteristics not listed in the solicitation, the agency did not evaluate the offers solely on the terms in the solicitation.
In the world of governmentcontracting, small businesses play a crucial role in fostering innovation and economic growth. The Public Contracting Institute (PCI) is committed to supporting these enterprises through comprehensive training and resources. It provides contracting assistance to small businesses located in these zones.
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. 13 CFR 125.8(e).
In the dynamic world of governmentcontracting, the strategic approach to marketing is not just a mere necessity but a powerful catalyst for success. As the first quarter unfolds, businesses aspiring to secure significant governmentcontracts can lay the groundwork for triumph in the subsequent quarter.
SAM.gov is like the home base of federal governmentcontracting. Everything in federal governmentcontracting seems to either start there, or require using SAM in some fashion. As a consequence, contractors are expected to register on SAM to work in federal contracting. Give us a call at 785-200-8919.
We get a lot of questions about federal governmentcontracting as federal governmentcontracting attorneys, which makes sense. This is also unsurprising, as the government really did not do the best job in making it clear what this act does. Looking for the latest governmentcontracting legal news?
For qualified HUBZone mentor-protégé joint ventures, SBA is considering how to “clarify the applicability of the HUBZone price evaluation preference to” HUBZone mentor-protégé joint ventures. Looking for the latest governmentcontracting legal news? Questions about this post?
Historically, agency interpretations of those acts, and others, would be deferred to, something we noted in some of our older blog posts. Overall, this improves the chances a federal contractor will succeed in a dispute with the federal government (although of course, it’s still something that must be evaluated on a case-by-case basis).
This is essentially Federal GovernmentContracting 101 and applies to any type of solicitation. And, because West and RELX were the only two offerors, GAO instructed the agency to revise the solicitation, obtain new proposals, conduct a new evaluation, and issue the task order to the successful offeror under the revised solicitation.
While a separate blog post about all the differences is likely justified as some point, for this blog, we will just cover the unique items that DoD is planning on updating right now. Looking for the latest governmentcontracting legal news? Also, a DoD Mentor-Protégé Agreement would now last three years, rather than two.
Contracting agencies, and contractors, must always be aware of potential organizational conflicts of interest (OCIs). One type of OCI is an impaired objectivity OCI, typically resulting from a contractor evaluating its own offer or its own performance. As part of the evaluation process, the VA began to investigate potential OCIs.
.” Where an agency weighs the risk of an OCI, it must “assess whether some or all of the performance risk is acceptable because the risk is outweighed by the expected benefit of having the offeror perform the contract, and whether the performance risk is manageable.” Looking for the latest governmentcontracting legal news?
However, historically, it has been hard to overcome this assumption when dealing with the VA Center for Verification and Evaluation (the predecessor to the current CVE at SBA). Looking for the latest governmentcontracting legal news? But it allows a company to demonstrate veteran control even in the absence.
In federal governmentcontracting, however, a contractor may not have the same leeway to raise its prices. After evaluating the quotations, CMS announced that the order would be awarded to Octane Public Relations. then filed a bid protest with the GAO, challenging various aspects of CMS’s evaluation.
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 governmentcontracting matter? GAO sided with the protester.
The Federal Circuit noted this analysis was mistaken, the VA had indicated it intended to give seven offerors a passing grade at that second step in the evaluation process, and furthermore that the VA’s decision on who would remain in the process was really based on the offerors’ relative ratings. Give us a call at 785-200-8919.
Below, we recap her primary takeaways, giving readers a comprehensive guide to winning more governmentcontracts with GovSpend. Analyze Partner Performance : GovSpend’s analytics tools help you evaluate potential partners by showing their award trends, top agencies, and recent sales activities.
A great example of why such a protest is important is covered in a previous blog here on SmallGovCon. 16, 2020), a contractor–after award decision–raised a concern via post-award protest that the evaluation factors were ambiguous or indefinite. Looking for the latest governmentcontracting legal news?
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 governmentcontracting legal news?
Labor is among the largest contract cost recorded to Governmentcontracts. In many cases, they are the most significant; therefore, the Government invests significant efforts to monitoring these costs and auditing them. Our Experts compiled guidance with suggestions to assure organizations are prepared for Floor Checks.
This blog will not discuss every sustained protest ground, but only comment on a few significant points. First, GAO noted that it is a fundamental principle of federal procurement law that a contracting agency must treat all offerors and evaluate their proposals even-handedly against the solicitation’s requirements and evaluation criteria.
SBA then evaluates each agency’s proposal, and either notifies the agency that its proposal is acceptable, or negotiates with the agency to reach a goal that is acceptable. Looking for the latest governmentcontracting legal news? In total, there are 24 agencies. Questions about this post?
Looking for the latest governmentcontracting legal news? The post 2023 Bid Protest Report, Success Rate Up, Total Protests Up a Little Bit first appeared on SmallGovCon - GovernmentContracts Law Blog. Call us at 785-200-8919.
This blog will cover the key findings of this Report and the most important takeaways for current and prospective DOE implementing partners. Key Findings of the Report Cybersecurity: The Report emphasized that improving DOE’s cybersecurity plans and coordination remains a top priority.
An “offeror has access to non-public information (including proprietary information and non-public source selection sensitive information) that may provide the offeror with a competitive advantage in a competition for a different governmentcontract.” Looking for the latest governmentcontracting legal news?
It is worth noting, however, that FAR 19.705-7 provides examples of indicators of good faith (or lack thereof) for contracting officers to look out for. In any case, GAO recommends further training of contracting officers on evaluating large business compliance efforts. Looking for the latest governmentcontracting legal news?
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. Email us here.
CMS evaluated Sparksoft and the eventual awardee, TSG, as follows: Sparksoft protested, challenging numerous areas of the agency’s evaluation, including challenges under both of the non-cost evaluation factors. Owen, Consultant, for her contribution to this blog post. We would like to thank Cherie J.
SBA Headquarters then does its own due diligence by contacting the contracting agency at the secretary level and allowing them to review the case file or submit additional evidence. After the contracting agency responds, the SBA’s Associate Administrator for GovernmentContracting will make a final determination.
Jacobs protested the award of a contract for support services for the Electronic Proving Group (“EPG”) at Ft. This blog only discusses the challenge to the best value tradeoff, which was required by the Solicitation, and which contemplated a cost plus award fee contract. Jacobs Technology, Inc., B-422040, Jan. Huachuca, AZ.
It is no doubt that the SBA’s 8(a) Business Development Program is a first-class program: there is a reason that some of us around here tend to say that it is one of the most important of federal governmentcontracting programs. Therefore, by looking at a number of criteria, the SBA evaluates the applicant’s potential for success.
A recent blog stated the following: You Can’t Assume Anything When Drafting A Proposal The best rule to follow when drafting a proposal is to check every requirement in the solicitation, and then have your work doublechecked by someone else (or another team) to ensure that all required items are included.
.” In the end, GAO found that the agency did not perform a proper price realism analysis, and recommended that the agency conduct a new price realism evaluation of Criterion’s proposal, which should include an evaluation of the price in relation to the technical solution. Looking for the latest governmentcontracting legal news?
To investigate BTNG’s represented SDVOSB status and eligibility, OHA issued a Notice and Order for the Director of SBA’s Office of GovernmentContracting (D/GC) to submit a BTNG Case File to OHA. Looking for the latest governmentcontracting legal news? Questions about this post? Need legal assistance?
” The JV agreement: states “[e]ither venture will have the right to visit the contract site to evaluate the contract performance … [b]oth venturers will jointly have qualified site representation onsite during construction.” Looking for the latest governmentcontracting legal news? Section 7.0
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