Thursday, October 29, 2020

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Laguna Decision Did Not Remove Board’s Jurisdiction to Hear Government’s Affirmative Defense of Fraud;...

Motion to strike the government’s affirmative defense of fraud is denied, where Armed Services Board of Contract Appeals has jurisdiction over a fraud defense, even when the Contract Disputes Act precludes it from entertaining certain fraud-related claims. International Oil Trading Company sought partial judgment on the pleadings or, in the alternative, moved to strike the […]
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Pollice Verso: GAO Gives Agency’s Overly-Punctilious Misreading of Proposal a Thumbs Down; Knight Point...

Protest challenging agency’s decision to exclude offeror from the competition is sustained. The agency contended that it excluded the protester’s proposal because it could...

The F-35 Joint Strike Fighter’s Pretty Good Year

2019 has been a pretty good year for the F-35 Joint Strike Fighter program. In October DoD announced a fairly dramatic rise in readiness rates, and yesterday Lockheed Martin announced it had exceeded its year-end delivery goal of 131 aircraft, pushing the per-unit price tag down to below the 2016 target of $80 million, a […]
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Changes Coming to Harmonize Subcontracting Rules Between Defense, Civilians

Subcontracting has always come with complicated rules for allowable costs and reporting for small business compliance. Now some changes are arriving aimed at harmonizing the rules across defense and civilian agencies. Washington procurement attorney Joseph Petrillo had the latest on Federal Drive. Read the full post at Federal News Network
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Booz Allen Hamilton Loses Post-Award Protest of VA Best-Value Decision

Whitcomb Selinsky – Booz Allen Hamilton, Inc. (BAH), a business management consulting company challenged the Department of Veterans Affairs (VA)’s award of a blanket purchase agreement (BPA) for support services to transform the Veterans Health Administration (VHA) into a High Reliability Organization (HRO). BAH challenged the agency’s evaluation of the bidder’s quotations and its award […]
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Crediting Awardee for Innovative Approach Not an Unstated Evaluation Criteria; COFC No. 15-1351C, McConnell...

Protest challenging the agency’s evaluation of technical proposals is denied, where the agency did not apply an unstated evaluation criteria by crediting the awardee for its innovation approach and where the agency reasonably concluded a minor difference between the awardee’s proposed staffing level and the government estimate to be insignificant; and protest challenging the agency’s […]
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GAO Protest Primer: Effective Use of Pre-Award Protests

A recent GAO decision presents a great example of the effective use of a pre-award protest. The protest concerns an RFP issued by the U.S. Department of Agriculture for large air tanker services for wild land firefighting. By filing the protest, the potential offeror (whose fleet of tankers all exceed the solicitation’s size restriction) not only clarified the […]
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Strengths Assigned to Awardee’s Proposal Unconnected to Stated Requirements; GAO B-416826.2, Information International Associates...

Protest challenging the agency’s technical evaluation is sustained, where the agency unreasonably assessed strengths to the awardee’s proposal for areas that did not exceed the solicitation requirements or were not connected to the requirements. GAO also found the agency unequally assessed a weakness to the protester’s proposal for an approach that was essentially equal to […]
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New COFC Decision Highlights Danger of Contract Modifications on CDA Claims

The Contract Disputes Act provides a remedy for contractors seeking to recover additional time or costs on a government contract (as part of a Claim or Request for Equitable Adjustment). But when the basis for recovery is tied up in a contract modification, contractors must beware the agency’s standard waiver language – or risk losing […]
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GAO Sustains Protest, Finds Awardee’s Revised Proposal Did Not Fix Deficiency in Initial Proposal;...

Protest challenging the agency’s evaluation of the awardee’s revised proposal is sustained. In its initial evaluation, the agency assigned the awardee two deficiencies for...