Tuesday, October 27, 2020

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Advantages of Agency-Level Protests

By Terrence O’Connor of Berenzweig Leonard In the opinion of many government contractors, this should be a short article. Many bidders give no thought to using the agency-level protest process pursuant to FAR 33.103 and agency FAR Supplements. They see no value in wasting their time and money on an agency-level protest that, in effect, […]
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Timing is Everything- Filing Size Protests

Koprince Law — As with many things, when filing a size protest with the Small Business Administration, timing is of the utmost importance! In this YouTube video, Haley Claxton of Koprince Law walks you through how to file a size protest on time to avoid dismissal. More at SmallGovCon
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Dear Magic 8-Ball—Should I Protest? Critical Protest Implications Following the Federal Circuit’s Expansion of...

McCarter & English – Relying upon the cryptic answers provided by a Magic 8-Ball when deciding to file a protest at the United States Court of Federal Claims (COFC) may sound farcical, but a recent decision by a split panel of the United States Court of Appeals for the Federal Circuit may render this method […]
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FAR Part 16 Does Not Require Agencies to Notify Offerors of Exclusion from Competitive...

Protest challenging agency’s evaluation of proposals is dismissed, where the protester was not prejudiced by the alleged errors, because it would not be line for award and therefore lacked standing to challenge the decision; and protest alleging that agency engaged in unequal discussions is denied, where the agency established a competitive range and reasonably excluded […]
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A Pre-Award Protest Probably Isn’t the Place to Raise Suspicions of Wage Violations

Let’s suppose you’re a contractor that provides services to the federal government. Typically, your contract will require you to pay your employees the prevailing wage rates promulgated under the Service Contract Act. What if you suspect that, under previous contracts, your competitors failed to pay their employees the mandated prevailing rates? Can you use a […]
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Protester’s Allegation That Agency Could Have Identified Multiple Small Businesses For Requirement Not Clearly...

Request for recommendation that protest costs be reimbursed is denied, where the protest was not clearly meritorious despite the agency’s choice to take corrective action, because the protester did not definitively show that at least two small businesses were capable of satisfying the requirement and that the agency’s decision not to set aside the procurement […]
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GAO Decision Provides Guidance on Use of Overlapping GSA Schedules Awarded Under GSA’s ‘Continuous...

Wiley Rein – In NCS Technologies, Inc., B-417956, the Government Accountability Office (GAO) sustained a protest challenging the establishment of a blanket purchase agreement (BPA) where a vendor held two “overlapping” Federal Supply Schedule (FSS or Schedule) contracts pursuant to the General Services Administration’s (GSA’s) “continuous contracting” rules. GAO held that the contractor was ineligible […]
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In Defense of the Defense Production Act

The headline news — evil defense contractors taking funds meant for sick people — looks like something out of a Hollywood script. However, as with most bad movies, there are missing pieces of the plot that need to be addressed. More at Defense News
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Show Don’t Tell: No Disparate Treatment Where Awardee Provided Examples to Demonstrate Its Technical...

Protest challenging agency’s technical and past performance evaluations is denied. The protester claimed the agency disparately evaluating proposals, assigning strengths to aspects of the awardee’s proposal that were also present in the protester’s proposal. But GAO disagreed, finding that any difference is ratings was based on differences in the proposals. The awardee demonstrated its understanding […]
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Bare Bones CVE Appeal Denied for Failure to Identify Error in Notice of Status...

Appeal contesting the cancellation of SDVOSB status is denied. CVE canceled the appellant’s status for failure to meet regulatory requirements. The appellant filed a two sentence appeal, challenging the status cancellation, but OHA found the appeal deficient because it did not contest CVE’s determination that appellant did not comply with SDVOSB requirements. This failure to […]
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