Alan Chvotkin, executive VP & counsel at the Professional Services Council, discusses two bid protest cases, and what they mean for the future of contract-writing at agencies.
The wording of federal contracts is getting some agencies in trouble. In two recent cases at the Department of Veterans Affairs and the General Services Administration, the Government Accountability Office found that the agencies didn’t play by their own rules in contract selection. Alan Chvotkin, executive VP & counsel at the Professional Services Council, says that these cases have a huge impact in the federal contracting space. “I know the teams that evaluated these proposals. I haven’t talked to them about it, but these are simple things in their control. There’s no magic behind it. It’s simple block and tackling in the evaluation. They made the rules. If they didn’t want to do that, they shouldn’t have made those rules,” Chvotkin said. “These decisions and these behaviors have consequences. The consequences were that in the T4NG, the IT proposal is now on the shelf… hundreds of small businesses after a year [now] have to start all over again.”