Attention To Small Business Subcontracting Plan Is No Small Matter
Client Alert | less than 1 min read | 11.07.05
In Coastal Maritime Stevedoring, LLC (Sept. 22, 2005 http://www.gao.gov/decisions/bidpro/296627.pdf), GAO found unreasonable the Source Selection Authority's decision to change the awardee's rating from unsatisfactory to satisfactory under the socioeconomic commitment factor when the awardee's small business subcontracting plan failed to address required elements of FAR 19.704 and otherwise neglected to comply with the solicitation's required objective for subcontracting to small businesses 10% of the total contract value. GAO also determined that the agency's price/technical tradeoff was flawed because it failed to take into account advantages in the protester's proposal that translated into quantifiable cost savings to the government.
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Recent Court Decision Highlights Effectiveness of “Second Bite” Protests
A recent U.S. Court of Federal Claims (COFC) decision serves as an important reminder that when the Government Accountability Office (GAO) denies a protest, this is not necessarily the end of the road. Often, contractors retain the right to file a new protest at the COFC, which conducts its own de novo review of the procurement record. This so-called “second bite at the apple” protest is a powerful tool as the COFC’s recent decision in Chugach Logistics & Facility Services JV, LLC v. USA makes clear.
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