Thursday, April 15, 2021

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Proposal Undone by Protester’s Failure to Identify Deficiencies in the Agency’s Project Design; BB...

Protest challenging deficiency assessed to proposal is denied. The agency assessed a deficiency to the protester because its proposal failed to demonstrate understanding of an agency seed project. GAO found the deficiency was reasonable. The proposal lacked detail with respect to the project design. Moreover, the protester had failed to identify problems in the agency’s […]
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No References Required—VA Gets by Without Past Performance Evaluation

Schoonover & Moriarty – Some years ago, I was at a networking event hosted by my law school. While strategically lingering near the snack table–you know, networking–I struck up a conversation with a career counselor about the networking process. After I mentioned that I needed to leave to keep working on a looming assignment, the […]
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“Here before. Many times. And Without Resolution” – Board’s Dismissal of Contractor’s Appeals as...

Crowell & Moring – In L3 Technologies, Inc., ASBCA Nos. 61811, et al. (Mar. 1, 2021), the Armed Services Board of Contract Appeals (Board) granted the Government’s motion to dismiss the appeal, over the contractor’s objection, following the Contracting Officer’s (CO) unequivocal withdrawal of its cost disallowance claims. The contractor argued that its case was […]
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Commercial Interest Grows in Defense Innovation Unit

The Defense Innovation Unit received nearly 1,000 proposals in response to its solicitations last year, another sign that the Pentagon’s outreach to commercial industry is bearing fruit. More at National Defense Magazine
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Contractor Attempts to Broadly Challenge DCAA’s Audit Practices, But ASBCA Dismisses Appeals as Moot;...

Government’s motion to dismiss appeals as moot is granted. Following DCAA audits, the government filed claims against the contractor seeking to recover overpayments on...

Agency Made an Improper Upward Adjustment to Contractor’s Probable Costs; Vectrus Mission Solutions Corporation;...

Protest challenging agency’s upward adjustment of protester’s probable costs is sustained. The protester alleged the agency had erred in making the adjustment because its proposal made a legally binding promise to absorb certain costs. GAO agreed with the protester. When a firm caps particular costs to limit the government’s liability, any upward adjustment to the […]
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Protester Unable to Prove that Awardee’s Staffing Approach is Unacceptable; ISS Action, Inc., GAO...

Protest alleging that agency should have found awardee’s proposal unacceptable is denied. The protester alleged that the awardee’s project manager, who was employed by a subcontractor, lacked authority to act on the awardee’s behalf. GAO, however, found that nothing prevented the awardee from delegating authority to an employee of its subcontractor. The protester also alleged […]
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Quotation Was Unacceptable Because It Proposed an Item that Had Been Removed from the...

Protest objecting to the elimination of the protester’s proposal as unacceptable is denied. The agency issued an RFQ to holders of FSS contracts for furniture. The protester offered an item that GSA had removed from its FSS contract. An agency may not use the FSS procedures to purchase items that are not listed on a […]
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Bill Introduced to Prevent Companies with Chinese Owners from SBA Benefits

Schoonover & Moriarty – A bill introduced last week seems aimed at baring companies with Chinese ownership from receiving any benefits offered by the U.S. Small Business Administration. At least, we think so. The text of the bill is not yet available. The Congress.gov link to the legislation (click on Bill S.993) gives only a description (“A […]
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8(a) Joint Venture Fraud Allegations Lead to False Claims Act Settlement

Koprince Law – The SBA’s joint venture rules can be strict. Mistakes like failing to update a joint venture agreement, inserting ambiguous provisions in a joint venture agreement, or relying on an expired mentor-protege agreement can be costly. Good faith mistakes are one thing–the joint venture may lose out on a contract, but probably won’t face […]
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