Tuesday, September 29, 2020

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Agency Found Protester’s Proposal Unacceptable While Ignoring Similar Errors in Awardee’s Proposal; GAO B-414120,...

Protest challenging the agency’s evaluation of the protester’s proposal is denied, where the protester’s integrated master schedule omitted significant detail required by the performance work statement and the agency was not required to seek out this information in other volumes of the proposal; and protest challenging the agency’s evaluation of the awardee’s proposal is sustained, […]
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Protester’s and Awardee’s Experience Essentially Equal Even Though Protester Received Significant Strengths; GAO B-413665.2,...

Protest challenging agency’s technical evaluation of the protester’s proposal is denied, where the protester’s project task descriptions paraphrased language in the performance work statement and did not provide adequate detail; where the protester’s allegation that a lack of strengths, weaknesses, or deficiencies assigned to its proposal under the management approach factor meant the agency did […]
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GAO: Contract Spending Down, Service Contracts Up

GAO’s recent analysis of governmentwide contracting data found that while defense obligations to buy products and services decreased by almost 31 percent from fiscal year 2011 through 2015, from $399 billion to $274 billion, civilian obligations remained fairly steady over this time. Governmentwide competition rates—the percentage of total obligations reported for competitive contracts—remained steady at just […]
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Controversy Over Safe Workplaces Rule Won’t End With Repeal

The repeal of the Fair Pay and Safe Workplaces rule won’t end the controversy over contractor disclosure requirements. Many of the rule’s provisions were stayed after a legal challenge, but some – including paycheck transparency rules – went into effect on January 1. Congress has voted to repeal the rules in their entirety, but now […]
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Cost Realism Analysis May Be Used to Assess Risk on Fixed-Price Contract, but Not...

Protest challenging agency’s best-value award decision is sustained where the record does not show that the source selection authority performed a price/technical best-value tradeoff before concluding that the higher-rated, higher-priced quotation offered the best value to the government. Harmonia Holdings Group LLC protested the Federal Transit Administration’s award of a contract for information technology services […]
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Protesters Correctly Eliminated from Competition Where Their Subcontracts Incorporated Limitation on Future Contracting; GAO...

Agency’s request to dismiss a protest challenging the elimination of the protesters’ quotations from consideration for award is denied, where the agency’s invocation of the limitation on future contracting provision in an existing contract is a procurement action, not a matter of contract administration, because neither protester was a direct party to the predecessor contract; […]
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Government Contract Law Associate at Odin, Feldman & Pittleman, PC

Odin, Feldman & Pittleman, PC, a full-service law firm in Reston, VA, is seeking a Government Contracts attorney with 3+ years of federal government contract law experience, to assist clients with a broad range of contracting matters, including counseling, transactional and litigation work.  Minimum Qualifications: working knowledge of contract types and contacting principles, laws, Executive […]
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5 Steps for Contractors to Meet the FAR’s Cyber Requirements

A final rule added to the Federal Acquisition Regulation last year added new cybersecurity requirements for federal contractors who process, transmit, or store federal data. The rule describes 15 categories of security controls intended to protect contractor IT systems and agency information. Adhering to the five core components of the mandate can help ensure contractors […]
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Without Debriefing, Protester Merely Speculates About Nature of Awardee’s Proposal; GAO B-413321.2, Mark Dunning...

Protest challenging the agency’s evaluation of the awardee’s proposal is dismissed, where the protester also filed a size challenge against the awardee, and had not yet been debriefed on the agency’s evaluation and award decision, and therefore its challenge to various aspects of the awardee’s proposal are purely speculative. Mark Dunning Industries Inc. protested the […]
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Agency Not Required to Hold Fourth Round of Discussions After Issuing Amendment Making Minor...

Protest challenging the agency’s conduct of discussions is denied, where the agency held three rounds of written discussions during which it informed the protester of issues with its proposal, and was not required to conduct additional discussions after the solicitation was amended to advise the protester of the same issues; and protest challenging the agency’s […]
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