Wednesday, August 5, 2020

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Which New Procurement Laws Should Stay or Go?

House and Senate conferees are working out differences in their respective versions of the National Defense Authorization Act for 2021. They’ve got a lot to iron out. Including a fresh raft of procurement laws. A few of those make sense, others probably should be scratched says my next guest. With more, executive vice president and […]
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GAO Identifies the Lacunae In Agency’s Swiss Cheese Evaluation; Avionic Instruments LLC, GAO B-418604,...

Protest challenging agency’s technical evaluation is sustained. The protester argued that the agency unreasonably evaluated the awardee’s experience. GAO agreed, finding that there was...

No Disparate Price Evaluation When the Flaws in the Protester’s Price Quote Far Exceeded...

Protest challenging the agency’s’ price evaluation is denied in part and dismissed in part. The protester argued the agency held unequal discussions by effectively revising the awardee’s proposal while not allowing other vendors to submit revisions. But GAO found that the agency had not allowed the awardee or any other offerors to submit revised proposals. […]
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Agency Precipitously Removed Requirement from SBA’s 8(a) Business Development Program; Eminent IT, LLC, GAO...

Protest alleging that agency had improperly removed a requirement from the 8(a) Business Development Program is sustained. The agency alleged removal was reasonable because it was seeking a new requirement. The requirements in the solicitation, however, were identical to the requirements in the previous 8(a) contract. Moreover, the previous contractor had already implemented the alleged […]
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Contracting Officer’s Post-Appeal Fraud Allegation Does Not Divest ASBCA of Jurisdiction; Appeals of ESA...

Government’s motion to dismiss contractor appeal for lack of jurisdiction is denied. The government claimed that board lacked jurisdiction over the appeal because the underlying claims were based on fraud. The contractor had appealed its claims in 2019. The government, however, had not alleged fraud until 2020. The board refused to find that a postappeal […]
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Barbarians at the Gates: The Rise of Aggressive Commercial Litigation Tactics in Bid Protests

The PubKast - In this episode, Pub K's Senior Editor, Craig LaChance, speaks with bid protest specialist Jon Frankel of Frankel PLLC. They talk about...

Fraudulently Filing Lien Backfires on Contractor

By J. David Pugh & Amandeep S. Kahlon of Bradley Arant Boult Cummings Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner to release funds that are undisputedly owed to the lienor. However, […]
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Air Force Eyes New Industrial Base Model

The Air Force wants to shake up the industrial base, and is looking to move away from relying on large, traditional prime contractors and instead bring in new talent, according to Will Roper, assistant secretary for acquisition, technology and logistics. He explains that this would help counter adversaries such as China, whose nationalized industrial base […]
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HUD IG Warns Agencies to Watch Out for Bidding Fraud

Procurement officials should be on alert for anticompetitive bidding scheme and possible collusion, the agency’s inspector general says. More at NextGov
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Sustainment Issues Plague F-35’s Logistics IT Backbone

Questions remain about the replacement for the F-35’s logistics infrastructure, Autonomic Logistics Information Systems, which has been riddled with errant alerts and corrupted data transfer. More at Federal Computer Week
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