Forest fires and Task orders exceeding the scope of the original IDIQ

When Task Orders Exceed Your Contract This bid protest, filed by Western Pilot Service (WPS) and three other contractors, protested the BLM’s issuance of a task order, which in the view of the protester exceeded the scope of the original IDIQ, and was therefore illegal. The back story to this protest is that the BLM originally issued to solicitations; one for on-call aircraft services for forest fire suppression and another solicitation for 100 day exclusive use aircraft services for the same

Size Matters-Ostensible Subcontractor Rule

For help with a size standard protest ,Contact us The Air Force issued an RFP for Linguist and Support Services (LASS) on November 30, 2016, in support of intel operations.  The procurement was an 8(a) set-aside.  The size standard for the NAICS in question was 7.5 million.  The contract required the awardee to perform all phases of collecting, interpreting, translating, and performing analysis of mission data. The contractor shall provide support as language mentors and trainers. The contractor shall

GAO Determines that Lowest Price Is Not Enough

Source Selection Authority’s Ignoring of Strengths and Weaknesses in Favor of Lower Price was Illegal Matter of: Immersion Consulting, LLC, B-415155 (Dec. 4, 2017) REQUEST A CONSULTATION The Matter of Immersion Consulting was GAO bid protest about and FSS solicitation for program management support for the Defense travel management office. Immersion Consulting and NetImpact both submitted proposals and were found to satisfy the requirements of the solicitation. However, in the Source Selection Evaluation Board (SSEB) found three strengths in Immersion’s

De Facto Joint Ventures

Size Appeal of Olgoonik Diversified Services, LLC SBA No. SIZ-5825 (2017) This case concerns the Small Business Act of 1958. Recognizing the importance of free enterprise and competition, the Small Business Act requires the U.S. Government to assign a fair portion of contracts and purchases to small businesses. The Small Business Administration (SBA) and its Office of Hearings and Appeals (OHA) oversee the administration of the Small Business Act. The SBA uses size standards and the North American Industry Classification System (NAICS) to

Blanket Purchase Agreements

Matter of Knight Point Systems, LLC, 2017 WL 2472225 The Comptroller General of the United States decided this case. The Comptroller General is the head of theGovernment Accountability Office (GAO). Acting on behalf of Congress, the GAO handles a variety of fiscal, oversight, and accountability functions. Background of Blanket Purchase Agreements On June 24, 2016, The Department of Homeland Security (DHS) submitted request for quotations (RFQ) number HSHQDC–16–Q–00195. The RFQ called for “enterprise computing services and cloud computing services.” The RFQ

Bid Protest and the Alternative Dispute Resolution

Reagent World, Inc. vs Department of Agriculture, 2017 WL 3114026 The Civilian Board of Contract Appeals (CBCA) decided this case. As part of the General Services Administration (GSA), the CBCA hears various cases concerning federal agencies in the executive branch. Under the Contract Disputes Act(41 U.S.C. 7101-7109), the CBCA conducts dispute resolution between government contractors and agencies. The CBCA was established on January 6, 2007, in accordance with Section 847 of the National Defense Authorization Act for Fiscal Year 2006. After its formation, the CBCA

The Comptroller General

Matter of Red River Computer Company, Inc.,2017 WL 2617670 The Comptroller General (CG) of the United States decided this case. The Comptroller General is the head of the Government Accountability Office (GAO). Acting on behalf of Congress, the GAO handles a variety of fiscal, oversight and accountability functions. Bid Protest Background  On June 24, 2016, The Department of Homeland Security (DHS) submitted a request for quotations (RFQ) number HSHQDC–16–Q–00195. The RFQ called for “enterprise computing services and cloud computing services.” The

Court of Federal Claims Bursts Bubbles

American Sanitary Products, Inc. v. United States – 2017 WL 3124441 The United States Court of Federal Claims decided this case. Established pursuant to Article I of the U.S. Constitution, this court deals mostly with monetary claims made against the U.S. government. This court commonly hears cases concerning government contracts and tax refunds, among other subjects.   Get Government Contract  Legal Help NOW! Bid Protest Background On September 9, 2016, the Federal Bureau of Prisons (BOP) posted Request For Quotations (RFQ) on the

When is it okay to supplement the Agency record on a bid protest?

The Court of Federal claims recently found that while not favored, supplementation of the administrative record is allowed. The Air Force awarded the contract in question to SPG, which at the time of the award lacked a necessary facility clearance. After learning that SPG lacked the necessary facility clearance, the Air Force canceled its award to SPG and awarded to Sonoran. SPG initially filed a GAO bid protest, requesting that the company be referred to the SBA for a

GAO Reviews Bid Protests

General Accountability Office Reviews Bid Protests During Lapse   Recently, the General Accountability Office’s jurisdiction lapsed when a sunset provision that was established by the National Defense Authorization Act took effect. The lapse in jurisdiction ended when President Obama signed the General Accountability Office Civilian Task and Delivery Order Protest Authority Act into law and removed the sunset provision. The General Accountability Office is now tasked with determining how to respond to protests that occurred during the lapse in judgment. In two recent