Monday, April 6, 2020

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Protester’s Own Data Supports Agency’s Concerns About Past Performance; GAO B-413523.10, Walden Security

Protest challenging the agency’s past performance evaluation is denied, where the agency did consider the protester’s response to adverse information, but concluded the response did not allay but validated its performance concerns. Walden Security protested the U.S. Marshals Service’s award of two contracts for court security officers to Paragon Systems Inc., arguing that the agency […]
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Staffing Changes in Protester’s FPR Introduced Performance Risk, Mitigated Proposed Cost Reductions; GAO B-411253.7,...

Protest that agency misevaluated protester’s proposal and applied unstated evaluation criteria is denied, where the agency reasonably concluded the protester did not fully address concerns about its staffing proposal in its final proposal revision, where the agency reasonably concluded that other changes in the protester’s staffing plan between its initial proposal and final proposal revision […]
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War Of the Acquisition Reformers: 809 Panel Defends New Commercial Approach

When Washington heavyweights like Peter Levine, former Democratic staff director of the Senate Armed Services Committee, and Bill Greenwalt, former deputy undersecretary of Defense for industrial policy and longtime Republican acquisition expert on the SASC, say you got something wrong, people listen. That is especially the case if you were the folks who Levine and […]
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Government Charged With Knowledge of Unapproved Subcontractors Listed on Invoices

In URS Federal Services, Inc. (Sept. 3, 2019), the ASBCA found on summary judgment that the government’s 2017 claim to recover $698,685 in allegedly unallowable direct subcontractor costs was time-barred by the CDA’s six-year statute of limitations because the claim accrued in 2006, when the government paid URS’s invoices that included those costs. In arguing that it […]
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Contract Clauses Allowing Agency to Deduct Payments for Non-Performance Not in Conflict; CBCA 5971,...

Appeal challenging the agency’s interpretation of contract provisions allowing for the deduction of payments based on non-performance or non-compliance with the requirements is denied, where the contract allowed the agency to deduct amounts under several different contact clauses, which did not conflict, and where the clause challenged by the appellant was the more specific, and […]
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House and Senate Will Debate Bid Protest Policy

The House of Representatives passed its version of the FY2020 National Defense Authorization Act (“NDAA”) last week.  The headline story was the remarkably close, party-line vote: in contrast to past years, the bill received no Republican votes, and eight Democratic Members voted against it. Those partisan dynamics obscured the inclusion of two important amendments – […]
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Agency Rejects Protester’s Bid Due to Clear Error, but Made Award to Offeror Whose...

GAO denied a protest challenging the agency’s decision not to allow the protester to correct a mistake in its bid, finding that the invitation for bids clearly required five full-time positions, which the protester failed to propose. However, GAO found the agency made award to a bidder who had made the same mistake in its […]
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GSA Offers First Look at Unique IDs to Replace DUNS

The General Services Administration gives a first look at the new Unique Entity ID, the validation system that will replace the long-standing DUNS number. More at NextGov
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National Cyber Strategy Emphasizes Private Sector’s Shared Responsibility for Cyberspace

On September 20, 2018, the White House released the long-awaited National Cyber Strategy. The Strategy builds off of Executive Order 13800 “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure” and the National Security Strategy, which was heavily focused on cyber issues. While a major policy shift includes enabling offensive cyber measures as a means […]
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Parties’ Course of Dealing Negates Agency’s Interpretation of Contract; Appeal of Fluor Federal Solutions,...

Appeal of contractor’s claim is granted where the agency’s interpretation of the contract was untenable. The parties disputed whether the contractor was required to provide 24/7 staffing at a water treatment plant. The agency had said nothing about 24/7 staffing in response to questions from offerors, and the contract itself did not explicitly require round […]
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