When an agency asks an offeror for past performance references, the agency ordinarily isn’t precluded from considering additional past performance information
SOURCE: GAO: Agencies May Consider Outside Past Performance Information
GAO bid protests succeeded almost half the time in Fiscal Year 2017.
According to the GAO’s latest Bid Protest Annual Report, the effectiveness rate of GAO bid protests was 47% in the recently-completed fiscal year. The statistics are striking, because they come just as Congress is finalizing the 2018 National Defense Authorization Act, which includes measures aimed at reducing bid protests. But with bid protests succeeding at a nearly 50% clip, why does the protest “reform” debate seem to center almost entirely on discouraging contractors to protest, rather than on decreasing the number of flawed source selection evaluations?
You’ve served your country with pride. Now, as a government contractor, it’s only fair that you get your piece of the pie. Here are five things you should know about the government’s contracting programs for veteran-owned small businesses and service-disabled veteran-owned small businesses:
The Court of Federal Claims recently issued an opinion that defines “unconditional ownership” of an SDVOSB in a more relaxed manner than the SBA, creating a split of authority on the issue.
SOURCE: Federal Court Interprets SDVOSB “Unconditional Ownership” Less Strictly Than SBA
A contractor didn’t read the PWS, then attempted to recover damages for alleged government delays. It didn’t go well, as seen in a recent ASBCA decision.
The GAO lacks jurisdiction to decide bid protests of U.S. Mint procurements, according to a recent GAO bid protest decision.
Source: Sorry: No GAO Protests of U.S. Mint Procurements – SmallGovCon
When an agency opens discussions with offerors, those discussions must be fair.
In a recent decision, GAO recommended the reopening of competition for a contract worth up to $283 million based, in part, on a finding that an agency had engaged in misleading and unequal discussions.
Source: Protest Sustained: Unequal Discussions In $283 Million Census Task Order Award – SmallGovCon
A contractor’s performance schedule, measured in “days,” meant calendar days under the general definition established in FAR 2.101, according to a recent ASBCA
Source: ASBCA: Under FAR, “Days” Meant Calendar Days, Not Business Days – SmallGovCon
The ASBCA sustained a contractor’s claim for damages resulting from the government’s negligence in taking care of boats leased from the contractor.
Source: Government Damages Contractor’s Equipment, Board Awards Costs – SmallGovCon
A mandatory arbitration agreement with an employee or independent contractor may be prohibited in relation to certain government contracts, as seen in a recent
Source: Binding Arbitration in Employment Contracts? Not in Some Federal Government Work – SmallGovCon