Thursday, February 25, 2021

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Agency Error in Assigning One Weakness Not Enough to Overcome Weight of Seven Additional...

Protester’s challenge to the agency’s evaluation of quotations and award decision is denied, where the protester’s challenge to the assignment of weaknesses to its proposal amount to mere disagreement with the agency’s judgment, and where a successful challenge to one assigned weakness is insufficient to overcome the weight of seven additional weaknesses which GAO found […]
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Agency Reasonably Evaluated Protester’s Experience with Agile Development, Though Solicitation Did Not Require Its...

Protest challenging the agency’s evaluation of vendors’ technical quotations is denied, where the agency’s evaluation of the protester’s proposed use of agile development techniques did not amount to the use of unstated evaluation criteria, even though the solicitation did not require the use of agile techniques; and protest challenging the agency’s evaluation of proposed staffing […]
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Agency Reasonably Weighted Subcontractor’s Past Performance as Prime on Identical Requirement; GAO B-413765, Global...

Protest challenging the agency’s technical evaluation is denied, where the agency based the assignment of a weakness to the protester’s proposal on concerns about the protester’s ability to provide data required by the solicitation, not on the protester’s offer of a contingency plan; and protest challenging the agency’s past performance evaluation is denied, where the […]
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Allegations Without Factual Support Insufficient to Establish OCI; GAO B-413947, Platinum Business Services LLC

Protest alleging that the agency did not give adequate consideration to a potential organizational conflict of interest is denied where the protester fails to present hard facts indicating the existence of a conflict; and protest that the ordering contracting officer for a task order issued under a Federal Supply Schedule contract failed to verify the […]
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Protester’s Proposed Technical Approach Ignored Clear Solicitation Instructions, Agency’s Needs; GAO B-413714, M.A. Mortenson...

Protest challenging the agency’s evaluation of the protester’s proposed personnel is denied, where the protester’s proposed key personnel did not demonstrate the relevant experience sought by the agency, and the agency’s evaluation of this experience did not amount to an unstated evaluation criteria; and protest challenging a significant weakness assigned to the protester’s technical proposal […]
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Protester Cannot Substitute Experience of Proposed Personnel for Education Requirements Without Explaining Deviation in...

Protest challenging the evaluation of task order proposals is denied, where the protester’s proposed personnel did not meet the educational or experience qualifications required by the solicitation and the protester did not explain that it proposed to substitute certain experience for these qualifications, as allowed by the underling IDIQ contract. ManTech Advanced Systems International Inc. […]
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Fifth Circuit Rules on Extraterritoriality of ATS Claims, Creating Circuit Split

In a recent decision in Adhikari v. Kellogg Brown & Root, Inc., the U.S. Court of Appeals for the Fifth Circuit held that claims asserted against a U.S. defense contractor for injuries incurred in Iraq were not cognizable under the Alien Tort Statute. The court held that the presumption against extraterritorial application of a statute […]
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GSA Clarifies Authority to Hear Fair Opportunity Complaints on GSA Contracts

The General Services Administration has issued a final rule amending the GSA Acquisition Regulation to clarify that the ordering-agency task and delivery order Ombudsman has jurisdiction and responsibility to review and resolve fair opportunity complaints on tasks and delivery orders placed against GSA multiple-award contracts. Also, the final rule requires the ordering agency to include […]
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Johnson Looks to Roll Back Last Minute Obama Regulations

Senate Homeland Security and Governmental Affairs Committee chairman Ron Johnson (R-WI) has introduced legislation that would allow Congress to repeal regulations introduced in the waning days of a presidential administration. The bill is a companion to legislation introduced in the House by Representative Darrell Issa (R-CA). More at HSGAC
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OFPP Issues Mythbusters Guidance on Debriefings

Office of Federal Procurement Policy acting administrator Lesley Field has issued new mythbusters guidance on improving industry communication with effective debriefings.
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