As we’ve stressed about the mentor-protégé program, the Small Business Administration’s (SBA) primary concern is that the program benefits the small business protégés.
Past performance is a particularly delicate topic for small businesses, presenting something of a what-came-first-the-chicken-or-the-egg question. Past performance is not strictly required in order to win prime federal contracts, and its weighting
In Computer World Services Corporation, GAO sustained a protest challenging the Department of Homeland Security, U.S. Coast Guard’s corrective action taken in response to an earlier sustained protest by CWS. In its original protest, CWS successfully challenged a task order award; in response, the agency informed offerors via e-mail that it intended to remove
In a prior alert, we discussed the recently published decision in MCR Fed., LLC, B-416654.2, Dec. 18, 2018 where GAO held that the agency failed to provide the protester with a sufficient amount of time to submit its final proposal revisions. That decision was noteworthy because GAO rarely finds even very short response times
In a prior alert, we highlighted the unusual remedy ordered in Caddell Construction Co. v. U.S., in which the Court of Federal Claims nullified the award of a construction contract and ordered the agency to reopen discussions with only one firm. The court explained that the unusual remedy was appropriate because misleading discussions had
Much that has been written about the bid protest reforms in the Section 809 Panel’s final report has focused on Recommendations 66-69, which expressly address (and propose changes to) the protest process at the U.S. Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”). But the 809 Panel’s most impactful recommended changes to
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, hosts Christian Curran, Olivia Lynch, and Rob Sneckenberg highlight recent GAO decisions and an ongoing Court of Federal Claims case
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, hosts Olivia Lynch and Christian Curran cover a recent GAO decision that could have significant implications for awardee protesters.
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This week’s episode covers DOJ, IDIQ, and GAO case law news, and is hosted by partner David Robbins. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without.
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In AlliantCorps, LLC, B-415744.2, the Government Accountability Office (GAO) denied a protest by AlliantCorps, LLC (Alliant) alleging violations of the Procurement Integrity Act (PIA) by the Department of the Navy (Navy) following Alliant’s prior protest of a task order award to DKW Communications, Inc. (DKW). Alliant asserted that DKW improperly received Alliant’s bid and proposal information when its proposed subcontractor’s labor rates were furnished to DKW “at the direction of the Navy.” GAO found that the facts asserted could not form the basis of a PIA violation because the employees voluntarily disclosed their salary information to DKW.
The Navy initially awarded the task order seeking software maintenance services to DKW. As part of its transition effort, DKW sent an email to Navy personnel providing a link to DKW’s employment application website. After the Navy provided Alliant with its debriefing, Navy personnel forwarded DKW’s email soliciting employment applications to personnel working on the incumbent contract for Alliant’s proposed subcontractor. Alliant subsequently protested the evaluation underlying the award challenging the Navy’s past performance evaluation and discussions, which prompted the Navy to take corrective action to clarify the solicitation and make a new source selection decision.
In Matter of: First Fin. Assocs., Inc., B-415713, Feb. 16, 2018, the Government Accountability Office (GAO) denied a protest filed by First Financial Associates, Inc. (FFA) against an award by the Department of Homeland Security, U.S. Secret Service (DHS/USSS) to FEEA Childcare Services, Inc. (FEEA) for the administration of a childcare subsidy program. FFA alleged that their proposal was not evaluated consistently with the RFP’s evaluation criteria regarding the protection of personally identifiable information (PII) incident reporting requirements.
Continue Reading How Quickly Should Contractors Report Data Breaches? GAO Denies Protest Finding 12 Hours Is Not Fast Enough