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Rule of Two

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Hidden Traps in an RFP and Pre-Award Protests

  • July 10, 2020
  • Pre-Award ProtestRule of Two
  • 0 Comments

From V Marino at GovContectx: We got some of the best compliments on a speaker that we have ever received. I wanted to share them with you: “The GovConectx program, Hidden Traps in an RFP and Pre-Award Protests, was exceptional. Lewis Rhodes, the presenter, provided extremely valuable and actional insights and advice on so many

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Rule of Two “trumps” Ability One for VA Contract

  • June 19, 2017
  • Contracting PreferenceJavits-Wagner-O'Day ActRule of Two
  • 0 Comments

PDS Consultants, Inc, v. United States Agency: The Department of Veteran Affairs Disposition: Protest Sustained (Court of Federal Claims) Keywords:  Contracting Preference; Javits-Wagner-O’Day Act; Rule of Two Decided: May 30, 2017 General Counsel P.C. Highlight: Where an agency has statutorily declared a preference with specificity, this preference takes precedence over general provisions for preference.  

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American Medical Equipment Company, B-407113; B-407113.2, November 8, 2012

  • January 30, 2013
  • Rule of TwoSmall Business Set-Asides
  • 0 Comments

Link:         GAO Opinion Agency:    Department of Veterans Affairs Disposition:  Protest denied. General Counsel P.C. Highlight: GAO denied the protest of American Medical Equipment Company (AMEC), regarding the terms of a request for proposals (RFP), issued by the Department of Veterans Affairs (VA) for home oxygen services for beneficiaries in Veterans Integrated Service Network 16 (VISN

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Six3 Systems, Inc., B-404885.2, October 20, 2011

  • November 10, 2011
  • Capability of ContractorRule of TwoSmall Business Set-AsidesSources Sought Notice
  • 0 Comments

Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. Keywords: Small business set-aside; Sources sought notice; Capability of performing General Counsel P.C. Highlight: Before making a small business set aside the FAR only requires the Contracting Officer to determine that it is reasonable that two or more small businesses capable of performing may

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Ceradyne, Inc., B-402281, February 17, 2010

  • March 18, 2010
  • Rule of Two

Link: GAO Opinion Agency: U.S. Army Material Command Disposition: Protests denied. Keywords: Rule of two General Counsel P.C. Highlight: “The Rule of Two”: any procurement valued at over $100,000 where there is a reasonable expectation that two or more responsible small businesses will submit proposals and where there is a reasonable expectation that award will

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Global Solutions Network, Inc., B-401230, June 26, 2009

  • June 26, 2009
  • Rule of TwoSmall Business Set-Asides

Link:   GAO Opinion Agency:          Department of Justice Disposition:  Protest denied. _________________________________________________________________________________________________________________ GAO Digest: Protest that solicitation for administrative support services should have been set aside for historically under utilized business zone (HUBZone) or small business concerns is denied, where agency reasonably determined from market research, past procurement history, and consultation with the Small Business Administration

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Med-South, Inc., B-401214, May 20, 2009

  • May 20, 2009
  • Rule of TwoSmall Business Set-Asides

Link:   GAO Opinion Agency:          Department of Veterans Affairs Disposition:  Protest denied _________________________________________________________________________________________________________________ GAO Digest: Agency’s decision to set aside a procurement for small businesses is reasonable where the agency performed market research that demonstrated a reasonable likelihood that the agency would receive offers from two or more responsible contractors at a fair and reasonable price,

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Mission Critical Solutions, B-401057, May 4, 2009

  • May 4, 2009
  • HUBZoneRule of Two

Link:   GAO Opinion Agency:          Department of the Army Disposition:  Protest sustained. _________________________________________________________________________________________________________________ GAO Digest: Protest is sustained where contracting agency did not consider whether two or more qualified Historically Underutilized Business Zone (HUBZone) small businesses could be expected to submit offers and whether award could be made at a fair market price, as required by

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