This week on Off the Shelf, Tom Sisti, executive vice president and general counsel for The Coalition for Government Procurement shares his thoughts and insights on the key initiatives and insights shaping federal procurement today.
Tom Sisti, Coalition for Government Procurement
Sisti provides his analysis of GSA’s eCommerce Market Research & Consultation Report, and its recommendation for a proof of concept that will have a profound impact on commercial suppliers supporting the federal mission. The report raises a number of still unanswered questions regarding competition, pricing, conflicts of interest, and the applicability of commercial terms and conditions.
GAO’s bid protest window for debriefings—which closes 10 days after the required debriefing—knows very few exceptions. But what if the agency offers you a more informative post-award debriefing in place of the pre-award debriefing normally required upon your elimination from the competitive range? This option will likely improve your ability to compete for future contracts with the agency. Shouldn’t you be able to accept it without giving up your right to protest? GAO says no.
Start-ups, entrepreneurs and new small businesses regularly seek information regarding small business grants. There are many misconceptions about the nature of such instruments, who qualifies for them and what constitutes a small business grant. The misunderstanding stems from advertising on the Internet and other media creating the impression that grants are readily available and that they are “Free Money”.
There is no such thing as “Free” small business government grant money. In many instances individuals seeking grants should be looking to direct government contracting; this article will explain why.
We recently discussed at length the SBA’s proposed rule to get rid of WOSB self-certification and revise some of the other WOSB certification rules. Well, it seems like SBA is crossing a lot of things off its to-do list, because in that same proposed rule, SBA also proposes to “to make the economic disadvantage requirements for the 8(a) BD program consistent to the economic disadvantage requirements for women-owned firms seeking EDWOSB status” and to “eliminate the distinction in the 8(a) BD program for initial entry into and continued eligibility for the program.”
It’s axiomatic. Once a procurement bid deadline has passed, hopeful vendors cannot submit any more information or alter their bids. Or is it? A recent protest case before the Government Accountability Office shows that in some circumstances, contractors can get changes before source selection eyes. D.C. procurement attorney Joe Petrillo of Petrillo and Powell joined Federal Drive with Tom Temin to explain.
It took a transparency advocate using a Freedom of Information Act request, but the Defense Department last week released a congressionally mandated report on the extent of criminal contractor fraud, naming nine firms that were suspended or debarred.
Your company has submitted a proposal for a Lowest-Priced, Technically Acceptable acquisition. To your surprise, you find out another company has submitted a technically acceptable offer with the same price. Equally surprising, the solicitation does not contain any provisions instructing the agency on how to pick from otherwise equal bids. So what is the contracting officer to do – issue an order for a standoff, a la the O.K. Corral? (For the record, we do not advise this as a viable method of conflict resolution.)
This week on Amtower Off Center, host Mark Amtower is joined by Larry Allen, president of Allen Federal Business Partners, for a wide-ranging discussion on GSA and OMB initiatives that will likely make it much more difficult for small contractors to succeed in the government market.
