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Option to “Postpone” Required Pre-Award Debriefing Until After Award—Gain Information, But Lose Right to Protest

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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.

SOURCE: Option to “Postpone” Required Pre-Award Debriefing Until After Award—Gain Information, But Lose Right to Protest

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SBA Poised to Increase 8(a) Income and Net Worth Eligibility Standards

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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.”

SOURCE: SBA Poised to Increase 8(a) Income and Net Worth Eligibility Standards

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GAO Allows Contracting Officer Discretion to Act as Tie-Breaker

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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.)

SOURCE: GAO Allows Contracting Officer Discretion to Act as Tie-Breaker

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GAO Highlights SBA Oversight Issues with WOSB Certification and Lack of Use of WOSB Set-Asides

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This is our second blog on GAO’s recent report on SBA’s management of the Woman-Owned Small Business program. Here is our initial post.

In the report, GAO analyzes SBA’s oversight of the current certification program, and reports on its study of why contracting officers don’t use the WOSB set-asides as much as one might think.

SOURCE: GAO Highlights SBA Oversight Issues with WOSB Certification and Lack of Use of WOSB Set-Asides

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Pre-Solicitation Notices not Grounds for Protests, GAO says

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Like my alarm clock ringing on Monday mornings, GAO recently reminded protestors that protests based on pre-solicitation notices are just too early.

SOURCE: http://smallgovcon.com/gaobidprotests/pre-solicitation-notices-not-grounds-for-protests-gao-says/

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GAO to SBA: Please Address “Ongoing Oversight Issues” for the WOSB Program

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GAO recently issued a report on several ongoing issues with SBA’s management of the Woman-Owned Small Business program. Because of the number of issues in the report, we’ll summarize it in a few posts.

SOURCE: GAO to SBA: Please Address “Ongoing Oversight Issues” for the WOSB Program

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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

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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

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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

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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

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