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Trying to figure out how to get a governmentcontract? This no-nonsense guide walks you through the contracting process, from initial eligibility to bidding, and ultimately enables your small business to win contracts available every fiscal year. You’re in the right place!
Here are some key points from this year: (1) the key effectiveness metric, showing numbers of sustains and corrective actions at GAO, was similar to prior years at 52% for the 2024 fiscal year and (2) total bid protest numbers were down slightly from 2023 but a little above the number for 2022. Why Are Cases Sustained?
This is essentially Federal GovernmentContracting 101 and applies to any type of solicitation. Though the decision mentions additional requirements that West’s product did not offer, discussion of the salient characteristics stopped there because it was enough to warrant a sustain on that basis. In RELX, Inc.,
DISPARATE TREATMENT MATERIAL EXCEPTION PRICE EVALUATION PAST PERFORMANCE BEST VALUE DETERMINATION The post 60-Second Sustains: Deloitte Consulting LLP and Softrams LLC appeared first on GovernmentContracts Navigator. Jochum ● Deloitte Consulting LLPB-422094; B-422094.2 Deloitte Consulting LLP; Softrams, LLCB-421801.2,B-421801.3,B-421801.4,B-421801.5,B-421801.6
It’s rare but it does happen, that the Government Accountability Office (“GAO”) sustains five separate violations of the procurement regulations in a single protest. This blog will not discuss every sustained protest ground, but only comment on a few significant points.
The Government Accounting Office (“GAO”) receives numerous protests alleging that the time allotted from publication of a solicitation to submission of offers is unreasonable. Only a small number of such protests are sustained. The RFQ also stated the performance period and the evaluation factors.
GAO issued three sustain decisions in June, but the Sparksoft Corporation decision stands out for its discussion of prejudice. In addition, as this decision demonstrates, a single evaluation flaw may be all that is needed to show prejudice and obtain a sustained decision.
Discover how to navigate the process and secure governmentcontracts for your business. Key Takeaways Bidding on governmentcontracts presents significant growth opportunities for businesses, especially small enterprises, with substantial revenue and credibility benefits. Why Bid on Government Jobs?
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. Why was the protest sustained by GAO but not the agency if the Volvo tractor did not contain the salient characteristics of Caterpillar tractor?
Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2023. The total number of protests filed and the number of protests sustained by GAO increased significantly compared to Fiscal Year 2022—and GAO’s “Sustain Rate” jumped to 31%. appeared first on GovernmentContracts Legal Forum.
.” 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?
In today’s rapidly changing world, sustainability has emerged as a critical factor for businesses seeking to thrive and make a positive impact. To demonstrate their commitment to sustainable practices, many organizations are turning to certifications and ecolabels.
Here are some key points from this year: (1) the key effectiveness metric, showing numbers of sustains and corrective actions at GAO, was up even higher to 57% for the 2023 fiscal year and (2) total bid protest numbers are up slightly, reversing a downward trend in total protest numbers from the last few years.
Small Business Administration (SBA) Office of Hearings and Appeals (OHA) sustained the Service-Disabled Small Business (SDVOSB) status protest of BTNG Enterprises, LLC (BTNG). BTNG, though, did represent itself as an SDVOSB in its quotation, and DLA evaluated BTNG’s quotation as if it had been submitted by an SDVOSB.
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. This compares with a two year average sustain rate of 9.71 For other helpful suggestions on governmentcontracting, visit: Richard D.
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.
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s GovernmentContracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. Below, Crowell Partner Cherie Owen discusses RELX Inc. ,
Check out our discussion of the Washington Business Dynamics, LLC , decision in December’s Sustain of the Month post.) This welcome trend has continued into 2024, with GAO’s issuance of a sustain decision in LOGMET LLC , B-422200, Feb. 21, 2024. We would like to thank Cherie J. Owen, Consultant, for her contribution to this blog post.
Diving into governmentcontracting with SAM requires a clear roadmap to success. SAM.gov stands as a crucial portal for businesses seeking federal contracts. This article delivers a concise guide on effectively using SAM, from completing your registration to enhancing your contracting strategy.
Though not the first sustain of 2024 (click here for our writeup of 2024’s first sustain), GAO’s decision in American Material Handling, Inc. GAO sustained the protest, noting the well-established rule that, once vendors are informed of the criteria against which proposals will be evaluated, the agency must adhere to these criteria.
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s GovernmentContracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. View the full article
So this is basically an effort to make it harder to win the protest or to make the protest go the full 100 days, because the way it works is that you’ll get a debriefing if you lose the procurement and the government will give you some information about what happened. But other agencies don’t always do that.
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s GovernmentContracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. LLC; Akima Sys. In Kupono Gov’t Servs., LLC; Akima Sys.
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s GovernmentContracts 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. ,
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.
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s GovernmentContracts 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).
The following is the final installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s GovernmentContracts Practice kept you up to date with a summary of the most notable bid protest sustain decision each month. Although evaluations under FAR Subpart 8.4
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s GovernmentContracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. As a result, the protest was premature.
In its first published bid protest sustain decision of the new year, the Government Accountability Office (GAO) highlights agencies’ obligation to adequately document a substantive analysis of proposals against the solicitation requirements, even in FAR Part 16.5 procurements. In SierTeK-Peerless JV LLC , B-422085, B-422085.2,
22, 2024, a recent Government Accountability Office (“GAO”) case, where the GAO sustained the protest. After receiving the quotes, the contracting officer added six salient characteristics to be evaluated by the agency—none of which had been expressly stated in the solicitation. B-422171, Jan.
But, as highlighted by two recent GAO sustain decisions, when agencies attempt to perform new analyses “later” in response to a protest, those efforts are often unsuccessful. Rather, the agency’s defense relied on positions that were never documented in—and sometimes inconsistent with—the contemporaneous evaluation record.
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. This year GAO reports a sustain rate of 31%, listing the number of sustained cases at 188, versus 59 last year.
In a business where every contract award matters, healthcare contractors should be aware that they may have a second chance at winning a contract if the government agency made a material error in its procurement process. When an agency is evaluating proposals, it may contact offerors to ask questions about their proposals.
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.
This article will guide you through the essentials of governmentcontracting, from understanding different contract types to the steps required to secure a contract with government. For many businesses, engaging in federal governmentcontracts can be a significant revenue stream and a catalyst for growth.
Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. Below, we cover a few important GAO decisions you should know from December 2023.
Most organizational conflict of interest (OCI) sustains arise where the record shows that an agency failed to analyze the potential for a conflict. But GAO’s decision in A Square Group, LLC , is a rarer type of OCI sustain: the agency considered the purported OCI and documented its conclusion that the OCI had been mitigated.
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.
The Centers for Medicare & Medicaid Services will have to reconsider a contract it awarded to a public relations firm after the U.S. Government Accountability Office sustained all four aspects of a competitor's protest over how their bids were evaluated.
In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. Sustained Protests In American Material Handling, Inc., Sustained Protests In American Material Handling, Inc., Thus, the GAO sustained the protest.
Following these principles will allow for public sector entities to make informed decisions which will drive competition and the most advantageous combination of cost, quality and sustainability. How Transparency is Ensured in Procurement Transparency is achieved through open contract notices, public tenders, and clear evaluation criteria.
Since the beginning of Fiscal Year 2024, the Government Accountability Office has published 35 decisions, but only two of which resulted in decisions sustaining the challenge. Two categories of successful protest arguments discussed in our previous blog are Improper Past Performance Evaluations and Flawed Best Value Analyses.
19, 2023, the Government Accountability Office (“GAO”) held that the Army Corps of Engineers (“Corps”) had made an impermissible conversion to competitive proposals (negotiated procurement) and sustained a protest. For other helpful suggestions on governmentcontracting, visit: Richard D. LLC, B-421676.4,
The remaining successful protests were post-award victories that fall into categories similar to those we saw at the GAO: (1) improper technical evaluation; (2) inadequate documentation; (3) flawed price analysis. The Court also found the solicitation violated procurement law by excluding price as an evaluation factor at the IDIQ level.
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