Sunday, February 28, 2021

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Age-Old Small Business Contracting Challenge Rears Its Ugly Head, Again

For the third time in five years, another court decision is opening the door to major changes to multiple award contracts. The Court of Federal Claims weighed in on the controversial “rule of two” requirement originally intended to help promote small business contracting, but now is causing concern and confusion for how agencies should apply […]
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Something Federal Contractors Thought They’d Gotten Rid of is Popping Up

A form of contracting known as lowest-price technically acceptable, or LPTA, has long bugged federal contractors. Defense authorization legislation, and subsequent updates to the Federal Acquisition Regulations, were supposed to limit agency use of LPTA. But contractors say they’re seeing a resurgence. Federal Drive with Tom Temin turned to David Berteau, the president and CEO […]
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Offeror Not Entitled to Strengths for Merely Complying with Solicitation Terms; System Studies &...

Protests objecting to agency’s evaluation of proposals are denied. A protester argued that it should have received a strengths for its performance under the...

GAO Unconvinced by Challenge to Sole-Source BPA; Castro & Company, LLC, GAO B-419366

Protest challenging the award of a sole-source follow on blanket purchase agreement is denied. The protester argued that the agency had not justified its sole-source decision and the work required was not so specialized as to require a sole-source award. GAO found that the agency had researched the availability of other offerors and reasonably determined […]
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GAO: Small Business Rule of Two Doesn’t Require Set-Aside for Task Order

Koprince Law – Generally, the small business Rule of Two requires an agency to set aside contracts for small business, assuming that there are at least two small businesses with competitive prices who will bid on the contract. But does the small business Rule of Two apply to orders under a multiple award contract? In a […]
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New Administration Brings Flurry of New Executive Orders Impacting Procurement

Smith Pachter McWhorter – The first week of the Biden administration brought a flurry of executive orders, several of which impact government contractors. The new administration appears poised to issue many new executive orders in the coming weeks. Read the full post at Smith Pachter McWhorter
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Antitrust Regulators Extend Review of Lockheed’s Proposed Purchase of Aerojet Rocketdyne

U.S. antitrust regulators have extended their inquiry of Lockheed Martin’s planned acquisition of Aerojet Rocketdyne requesting the companies provide additional information about the deal. More at Defense One
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‘Tis But a Solecism by the Amanuensis: Alleged Relaxation of Solicitation Terms Really Just...

Protest challenging the price evaluation and the conduct of discussion is denied. The protester argued that the agency’s price reasonableness evaluation was flawed. But...

Agency Inadequately Documented Assessment and Disparately Evaluated Proposals But Protester Wasn’t Prejudiced; Equinoxys, Inc.,...

Protest challenging agency’s evaluation of the protester’s proposal is denied. The protester alleged that the agency failed to adequately document its evaluation and disparately evaluated proposals. GAO agreed, finding that the agency failed to explain it evaluation conclusions, and that it unequally assigned strengths and weaknesses. Nevertheless, GAO found that the protester had not been […]
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Protester Unable to Demonstrate Adequacy of Its Accounting System; InterImage, Inc., GAO B-414104.47

Protest challenging agency’s elimination of protester’s proposal is denied. The agency found that the protester had not sufficiently demonstrated the adequacy of its accounting system as required by the solicitation. GAO agreed with the agency. The solicitation required offerors to show they had an audited accounting system. The protester allegedly had an audited system but […]
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