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GAO: Past Performance Should Relate to Solicited Services

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Past performance is an important evaluation factor in many solicitations. Essentially, it allows an agency to guess as to the likelihood of an offeror’s successful performance under a solicitation by looking to its history of performance on similar projects in the past.

SOURCE: GAO: Past Performance Should Relate to Solicited Services

Court of Federal Claims Decision Lends Support to VA’s SDVOSB Tiered Evaluation Scheme | SmallGovCon – Government Contracts Law Blog

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In late 2017, we wrote that the VA was considering using tiered evaluations to simultaneously 1) comply with the VA’s statutory Rule of Two (and Kingdomware), and 2) address situations in which SDVOSBs and VOSBs might not offer “fair and reasonable” pricing.

Source: Court of Federal Claims Decision Lends Support to VA’s SDVOSB Tiered Evaluation Scheme | SmallGovCon – Government Contracts Law Blog

DOE Expands Pool of Eligible Protégés under DOE Mentor-Protege Program | SmallGovCon – Government Contracts Law Blog

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The Department of Energy has joined the ranks of government agencies aligning part of its respective small business regulations with the SBA.

Source: DOE Expands Pool of Eligible Protégés under DOE Mentor-Protege Program | SmallGovCon – Government Contracts Law Blog

5 Things You Should Know: The Nonmanufacturer Rule | SmallGovCon – Government Contracts Law Blog

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To qualify as a small business under most set-aside or sole source contracts seeking manufactured products or supplies, SBA’s regulations require an offeror to be the item’s manufacturer or, alternatively, comply with the nonmanufacturer rule.

Source: 5 Things You Should Know: The Nonmanufacturer Rule | SmallGovCon – Government Contracts Law Blog

Debriefings and Bid Protests: Our New Handbook is Available | SmallGovCon – Government Contracts Law Blog

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There’s no doubt about it: being involved in a bid protest can be very intimidating for any government contractor. For that reason, the third volume of our Koprince Law Government Contracting Handbooks discusses debriefings and bid protests in detail.

Source: Debriefings and Bid Protests: Our New Handbook is Available | SmallGovCon – Government Contracts Law Blog

GAO Won’t Let Agencies Sweep Solicitation Non-Compliance Under the Rug | SmallGovCon – Government Contracts Law Blog

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An agency can’t award an offeror a contract if its proposal doesn’t conform with a material solicitation requirement. So if, for example, the solicitation requires certain types of documentation showing an offeror’s right to use property, but the awardee offers something different, GAO will likely sustain a protest.

Source: GAO Won’t Let Agencies Sweep Solicitation Non-Compliance Under the Rug | SmallGovCon – Government Contracts Law Blog

Asking Too Much? GAO Grants Only 1% of Protester’s Claimed Costs | SmallGovCon – Government Contracts Law Blog

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While GAO regulations allow GAO to recommend an agency reimburse a protester’s costs if the agency takes corrective action, recouping costs can still be an uphill battle.

Source: Asking Too Much? GAO Grants Only 1% of Protester’s Claimed Costs | SmallGovCon – Government Contracts Law Blog

Don’t Forget the Email Attachment—Protest Denied | SmallGovCon – Government Contracts Law Blog

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A protester recently lost an effort to get an agency to consider a late proposal arguing that it was emailed to the agency on the due date.

Source: Don’t Forget the Email Attachment—Protest Denied | SmallGovCon – Government Contracts Law Blog

GAO Denies Protest to LPTA Solicitation Ridden with Cost Uncertainty and Local Zoning Code Conflicts | SmallGovCon – Government Contracts Law Blog

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Federal agencies have long been afforded wide discretion in defining solicitation requirements to meet their contracting needs. But are a solicitation’s requirements acceptable even where they’re likely to conflict with local zoning codes? What about where the solicitation documents conflict with one another on whether certain requirements are considered “requirements” at all? And finally, is an LPTA procurement acceptable where such conflicts have undoubtedly led to price uncertainty among the bidders?

Source: GAO Denies Protest to LPTA Solicitation Ridden with Cost Uncertainty and Local Zoning Code Conflicts | SmallGovCon – Government Contracts Law Blog

GAO: Federal Supply Schedule Shorter in Duration than Blanket Purchase Agreement Spells Doom for Protester | SmallGovCon – Government Contracts Law Blog

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Many GAO protests can hinge on fairly minute details that render a proposal unacceptable. A recent GAO case is a reminder that a contractor’s GSA Federal Supply Schedule must have sufficient duration to cover the period of performance for a blanket purchase agreement or the contractor may be ineligible for award.

Source: GAO: Federal Supply Schedule Shorter in Duration than Blanket Purchase Agreement Spells Doom for Protester | SmallGovCon – Government Contracts Law Blog

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