FAR Government Accountability Office

News & Analysis as of

GAO Allows New Company to Rely Upon Owner’s Personal Past Performance

Newly-organized small businesses often struggle to establish adequate past performance to successfully compete in the federal marketplace. Fortunately, in the matter of Recogniti, LLP, B-410658 (January 21, 2015), GAO ruled...more

How Much U.S. Work Is Needed for the Small Business Set-Aside Rules To Apply?

In a decision issued last year, the GAO denied the protest of Maersk Line, Limited, of Norfolk, Virginia (“Maersk”), a large business, which challenged the decision of the Department of the Navy, Military Sealift Command...more

The “Rule of Two” For Orders Placed Against Multiple Award Contracts: The Other Shoe Has Dropped

As many of you may recall, Congress passed the Small Business Jobs Act (“Act”), in July 2010. The purpose of the Act was to ameliorate the effects of the 2008 financial crisis and subsequent recession. Although the Act...more

Weekly Update Newsletter - November 2014 #2

GAO Bid Protest Annual Report to Congress for Fiscal Year 2014 - The Government Accountability Office (GAO) has issued its bid protest annual report to Congress for fiscal year 2014 reporting each instance in which a...more

Weekly Update Newsletter - September 2014 #3

8(A) Subcontracting Limitations: Continued Noncompliance with Monitoring Requirements Signals Need for Regulatory Change - The Government Accountability Office (GAO) has conducted a study to review how federal agencies...more

Weekly Update Newsletter - September 2014 #2

DoD’s Implementation of Justification for 8(a) Sole-Source Contracts - The General Accountability Office (GAO) conducted a study to review how the Department of Defense (DoD) has implemented the requirement of a...more

Corrective Action Catch 22: Court of Federal Claims Holds Agency Action Must Be Rational Even If GAO Protest Decision Was Not.

The United States Court of Federal Claims’ July 15, 2014 decision in RUSH Construction, Inc. v. United States, reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest...more

Government Contracting: Beware Offerors - Past Performance By Your Proposed Subcontractors and Key Personnel May Not Count

A recent GAO decision, HK Consulting, Inc., B-408443 (Comp. Gen. Sept. 18, 2013), provides an important reminder that government agencies are not required to consider the past performance of an offeror’s proposed...more

Prior Noncompliance with E-Verify Does Not Render Federal Contractors Ineligible for Future Work

Participation in E-Verify is mandatory for certain businesses such as those having contracts with federal agencies. One of the requirements is that the “FAR clause,” which provides that a contractor not enrolled in E-Verify...more

DOD’s Secret Contract Awards During the Government Shutdown Undermine CICA

The U.S. Department of Defense (“DOD”) has announced that it will continue to award large contracts during the ongoing federal government shutdown, but that it will not “publicly announce” the contract awards until the...more

Is a Computer Model Capable of Making a Best Value Tradeoff?

Agency award decisions must follow the stated evaluation criteria, be properly documented, and have a rational basis. This is particularly true of best value acquisitions requiring a tradeoff determination between technical...more

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