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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!
We often see price realism in protests when the protester is making the claim that the awardee’s price, which was lower than the protester’s price, is low enough that the awardee would not be able to perform the work as solicited. Most often, GAO will determine that the agency’s price realism analysis was acceptable.
If you feel like prices for just about everything are going up, you’re not alone. In federal governmentcontracting, however, a contractor may not have the same leeway to raise its prices. Accordingly, issuing an order based on non-FSS pricing under an FSS acquisition would be improper.
This is essentially Federal GovernmentContracting 101 and applies to any type of solicitation. 17, 2023) , GAO looked at this issue in the context of a lowest-price, technically acceptable (LPTA) solicitation for a brand name or better product, with an unexpected ending that the protester surely did not see coming.
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?
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
In federal governmentcontracting news this week, be sure to check out the stories about the new sustainability rules (and our recent blog ), as well as new legislation on solicitation language and buying technology.
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?
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.
Meanwhile, the GSA is pushing forward with updated standards to accelerate federal buildings toward zero emissions, reflecting a broader shift towards sustainability. Some interesting stories include Senate efforts to enhance oversight of Other Transaction Authority (OTA) agreements and address delays in Major Acquisition Programs (MTA).
GAO issued three sustain decisions in June, but the Sparksoft Corporation decision stands out for its discussion of prejudice. Similarly, it was unclear whether the SSA would have still concluded that TSG’s positive features under the corporate experience factor alone justified the “significant price premium” tradeoff.
Why was the protest sustained by GAO but not the agency if the Volvo tractor did not contain the salient characteristics of Caterpillar tractor? The RFQ was for the award of a contract to the offeror that offered the “lowest-price technically acceptable quotation considering price and technical acceptability.”
As Summer Comes to a Close, So Does GAO’s Sustain Drought In last month’s Bid Protest Sustain of the Month installment, we noted that GAO was suffering from a sustain drought, having failed to issue a single sustained protest decision in the month of July. But it appears that drought is over! In Knudsen Systems, Inc. ,
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). In its proposal, BTNG offered a fixed unit price of $330 per unit and represented to DLA that it was a WOSB concern and an SDVOSB concern. LLC , SBA No.
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.
GovernmentContract Consulting: When and How to Leverage Expert Support Governmentcontracting can be a lucrative but complex field to navigate. Knowing when and how to engage expert consultants can give your business a major advantage in winning contracts and delivering successful projects.
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.
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.
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. ,
sustained a protest challenging an agency’s decision to set aside a procurement for small businesses. Over nine years ago, GAO sustained such a protest in Triad Isotopes, Inc. Recent Sustain on the Rule of Two Reminds Agencies of the Importance of Accurate Market Research appeared first on GovernmentContracts Legal Forum.
The small business rule of two requires agencies to restrict procurements for small businesses when there is a “a reasonable expectation of obtaining offers from two or more responsible small business concerns that are competitive in terms of fair market prices, quality, and delivery.” Looking for the latest governmentcontracting legal news?
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.
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. GSA conducted the procurement under FAR subpart 8.4 We would like to thank Cherie J.
The Rule of Two is the federal contracting rule requiring agencies to set aside a solicitation for competition only between small businesses when there are at least two small businesses that could do the work for a fair price. Looking for the latest governmentcontracting legal news? Read on to find out. See SWR, Inc. ).
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.
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.
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. Global then protested the award.
GAO sustained a protest challenging a U.S. In Unico , USACE sought to award a construction contract for work at the Cougar Dam in Oregon and incorporated the requirements of the BAA requirements into the solicitation without exceptions. Unico protested once again and GAO sustained. B-420355.7, View the full article
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. 121.404(a)(1)(ii). View the full article
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.
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.
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. However, the bid exceeded the Independent Government Estimate (“IGE”) of $46.6 LLC, B-421676.4,
Generally, the governmentcontracting markets have been relatively insulated from the economic conditions. I think most government contractors have contracts that are negotiated and the prices are negotiated upfront, and then they have to adhere to those prices over the course of the entire five-to-10 year contract.
This year, we received nominations across four categories: Lifetime Acquisition Excellence , Acquisition Excellence , Sustainability/Green Excellence , and Advocating for Veterans. This innovative approach redefined the standard for all governmentwide MA IDIQs across the entire Federal Government.
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. This principle also supports economic growth by encouraging diverse suppliers to contribute to governmentcontracts.
Notable about this case is the contractor’s invocation of a July 2, 2020 Department of Defense (DoD) memorandum concerning the financial consequences on contractors with firm-fixed-pricecontracts lacking an economic price adjustment clause during “historic and unprecedented challenges” in the wake of the pandemic’s onset.
Leading manufacturers have proven that best-in-class strategic sourcing can create measurable and sustainable shareholder value by contributing to top line growth and bottom line profitability. In last week’s blog , I began discussing telltale signs that you have entered the new age of strategic sourcing. alternatives.
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 protester’s spreadsheets were off by 30 hours, which resulted in a price difference of 0.063%.
2021) (protest against Air Force contract award for photorefractive keratectomy personal and non-personal services sustained where agency did not evaluate the relevance of offeror’s past performance as required by the solicitation); Ohio KePRO, Inc. , See also Onesource PCS, LLC , B-419222, 2021 WL 131280 (Jan. In Ohio KePRO, Inc. ,
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.
Topics covered during the training will include: The GSA Schedules Program: An Entry Point to GovernmentContracting Obtaining Your GSA Schedule or Schedule Modification, along with Option Extensions Navigating the Price Negotiation Process Better Understanding of Management and Compliance of the Price Reduction Clause Schedule e-Tools: Tips on Competing (..)
For our MAS Basic Training: The Nuts & Bolts , a one-day training workshop that taught the basics of the General Services Administration (GSA) Multiple Award Schedule (MAS) program, I specifically want to thank the following: Alex Barbee-Garrett and Liam O’Reilly of Crowell & Moring for their presentation on The GSA Schedules Program: An Entry (..)
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