Georgia Tech Procurement Assistance Center

Establishing prejudice in an LPTA protest

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Low-priced, technically acceptable procurements (LPTA) shine a light on a contractor’s ability to provide the required services at the lowest possible cost to the government.

Leave your style points at home.  It is all about getting lean to win the award.

But when the evaluation is that simple, is there any room to challenge an LPTA award decision?

The answer is Yes — and a recent GAO protest offers some important insights into best practices.

The protest concerned an Air Force contract to provide tactical recovery kits.  Covering both LPTA bases, the protester argued that the agency:

  1. Unreasonably found the awardee technically acceptable, and
  2. Conducted inadequate discussions concerning price.

Keep reading this article at: https://governmentcontracts.foxrothschild.com/2018/08/articles/bid-protests/establishing-prejudice-in-a-lpta-protest

Warner Robins AFB to hold Civil Engineering Industry Day on Nov. 1st

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It’s never too early to plan ahead!

The 78th Civilian Engineering Group, in conjunction with the Robins AFB small business office, is hosting its first-ever Industry Day focused solely on the upcoming civil engineering requirements for Robins Air Force Base.

This is a unique opportunity to speak directly with the base’s civil engineering staff, learn about their future requirements and pitch your abilities to the Government.

For large businesses, participation in this event will be a great way to find qualified subcontractors.

A limited number of contractor’s booths will be available.

This kind of event has never been done before by Robins AFB.

To Register:

To receive more information, sign up on the small business mailing list by emailing: wralc.bc.frontoffice@robins.af.mil.

Date of Event:

Thursday, Nov. 1, 2018

Location of Event:

Museum of Aviation
Century of Flight Hangar
GA Highway 247 at Russell Parkway
Warner Robins, Georgia 31088

Primary Point of Contact:

Randy W. Miller, Source Development Specialist, Email: randy.miller.22@us.af.mil, Phone: 478-926-5871

Official Announcement

Download announcement flyer here: WRAFB Industry Day – 1NOV2018

Former company president settles False Claims Act case related to defective bullet proof vests

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Richard C. Davis, the founder and former president and CEO of Michigan-based Second Chance Body Armor, Inc., recently agreed to resolve claims under the False Claims Act in connection with his role in the sale of defective Zylon bullet-proof vests purchased by the United States for federal, state, local and tribal law enforcement agencies, the Justice Department has announced.

Mr. Davis will relinquish his interest in $1.2 million in assets previously frozen by the United States and will pay an additional $125,000 to the United States.  This settlement is based on Mr. Davis’ ability to pay.

Background

Second Chance sold body armor to state, local and tribal law enforcement agencies reimbursed by the Department of Justice’s Bulletproof Vest Partnership (BVP) program and to federal agencies under contracts with the General Services Administration. The United States alleged that Second Chance’s vests were defective due to the loss of their ballistic capability when exposed to heat and humidity. The United States also alleged that by 2001, Davis was aware that Second Chance’s Zylon body armor was degrading at what he described as a “disappointing” rate.

The United States further alleged that, rather than using a $6 million payment from Toyobo Co. Ltd., the manufacturer of Zylon fiber, to fix the degradation problem, Second Chance pocketed the money and Davis and other Second Chance owners began meeting with various investment bankers in an effort to sell Second Chance. These efforts to sell the company allegedly stopped after a Forest Hills, Pennsylvania police officer was shot through his Second Chance Zylon vest in June 2003. Second Chance filed for bankruptcy in 2004 and was liquidated.

Subsequent tests by the National Institute of Justice (NIJ) of Zylon-containing vests found that more than 50 percent of used vests could not stop bullets that they had been certified to stop. The performance of Second Chance Zylon vests were reported to be among the worst.  The NIJ removed all Zylon-containing vests from its list of compliant products, and Zylon is no longer used in ballistic vests.

Settlement

“The Department of Justice will pursue those who attempt to fraudulently profit at the expense of the United States, particularly when the stakes are life or death,” said Acting Associate Attorney General Jesse Panuccio.  “Bullet proof vests protect the brave men and women of our nation’s law enforcement community, and those who manufacture and sell these products have a solemn duty to ensure their safety and efficacy.”

The settlement resolves, in part, allegations filed in a lawsuit by Aaron Westrick, Ph.D., a former employee of Second Chance, under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in this case as to the allegations against Davis. Dr. Westrick will receive $28,750 plus a share of whatever the government ultimately recovers from the previously frozen funds.

This settlement is part of a larger investigation of the body armor industry’s use of Zylon.  The United States has previously recovered over $132 million from 18 corporations and individuals who participated in the sale of Zylon body armor. The Civil Division has transferred over $22 million of these recovered funds to the BVP program to replace BVP funds which had been used to purchase Zylon vests. The funds transferred to the BVP program will be used to fund the purchase of additional ballistic-resistant vests for state, local and tribal law enforcement officers. The United States is continuing to pursue claims against Honeywell International Inc., which allegedly sold a laminated version of Zylon for use in police armor.

The investigation and litigation of this matter were handled by the Civil Division’s Commercial Litigation Branch; the General Services Administration, Office of the Inspector General; the Department of Commerce, Office of Inspector General; the Defense Criminal Investigative Service; the U.S. Army Criminal Investigative Command; the Department of the Treasury, Office of Inspector General for Tax Administration; the Air Force Office of Special Investigations; the Department of Energy, Office of the Inspector General; and the Defense Contracting Audit Agency.

The claims settled by this agreement are allegations only, and there has been no determination of liability.  The lawsuit partially resolved by the settlement is captioned United States ex rel. Westrick v. Second Chance Body Armor, et al., No. 04-0280 (PLF) (D.D.C.).

Source: https://www.justice.gov/opa/pr/former-second-chance-body-armor-president-settles-false-claims-act-case-related-defective

Scrapped: $24M plan to replace refrigerators on Air Force One

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The U.S. Air Force has scrapped a $24 million plan to buy new refrigerators for its presidential jets, according to Pentagon documents released Monday by Rep. Joe Coutrney.

“The Air Force, working with the White House Military Office, recently reviewed the investment for the VC-25A chiller replacement and jointly decided to terminate the effort,” Air Force Secretary Heather Wilson said in a May 29 letter to the Connecticut Democrat. The VC-25A is the Air Force designation for the two Boeing 747s that take the callsign Air Force One when the president is aboard.

In December, Wilson’s service gave Boeing a contract to swap out the VC-25As’ aging chillers, the large and highly customized refrigerators that hold an extra-large supply of food for the U.S.president and staff. Defense One first reported the deal. On Feb. 8, Courtney expressed his concerns in a letter to Wilson.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2018/06/scrapped-24m-plan-replace-refrigerators-air-force-one/148729/

Robins Air Force Base lands new mission

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Robins Air Force Base in Warner Robins, Ga., is getting a new mission that could help protect it the next time the Pentagon launches a round a base closings.

Air Force Secretary Heather Wilson announced Wednesday that Robins will host the Advanced Battle Management System, which will take on a global air space intelligence and reconnaissance mission. As the service transitions to the new mission, the Air Force will continue to fly the existing E-8C Joint Surveillance Target Attack Radar System (JSTARS), based at Robins, into the mid- to late-2020s.

“This additional new mission at Robins will be critical to fulfilling President Trump’s National Defense Strategy,” said U.S. Sen. David Perdue, R-Ga., a member of the Senate Armed Services Committee. “I’m excited to see this take shape in my hometown.”

Keep reading this article at: https://www.bizjournals.com/atlanta/news/2018/06/07/robins-air-force-base-lands-new-mission.html

GAO: Agency’s oral advice didn’t amend solicitation

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An agency’s oral advice, given at a pre-proposal conference, did not amend the solicitation or legally bind the agency.

In a recent bid protest decision, the GAO reiterated that offerors rely on oral advice from agencies at their own risk–particularly when the oral advice in question appears to contradict the plain language of the solicitation.

GAO’s decision in Technology and Telecommunications Consultants, Inc., B-415029 (Oct. 16, 2017) involved an Air Force solicitation seeking IT services in support of the Air Command Personnel Recovery Division.  The solicitation was issued as a competitive 8(a) set-aside under the GSA’s 8(a) STARS II GWAC.

The solicitation provided a list of tasks that the awardee wold be expected to perform.  Under one of these tasks, the solicitation stated that the awardee would be expected to provide support to the Air Force Special Operations Command at Hurlburt Field, Florida.  However, the solicitation did not state that offerors were required to propose an employee specifically dedicated to AFSOC support.

Keep reading this article at: http://smallgovcon.com/gaobidprotests/gao-agencys-oral-advice-didnt-amend-solicitation/

Contractor sentenced to prison for providing bribes in a contract fraud scheme

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Michael Allen Braun has been sentenced to 18 months in prison and $126,300 in restitution for “conspiracy to commit theft of honest services and wire fraud” and bribery of a public official.

In connection with the same case, co-conspirator Air Force Master Sergeant Cody Boone Covert was previously sentenced in February to 23 months in prison for conspiracy and bribery of a public official.

In January 2014, MSgt. Covert, 901st Aircraft Maintenance Squadron located at Hurlburt Field in Florida, was tasked by the Air Force with procuring specialized equipment in support of C-130 Special Operations Aircraft. Braun, who owned the company Trans Global Storage Solutions, conspired with Covert to obtain a contract from the Air Force. Prior to the solicitation of the contract, Braun agreed to provide Covert 45% of the profit from the contract proceeds, if Covert ensured that Trans Global won the contract. Covert submitted a request to purchase the specialized equipment. Because Covert was the requester of the equipment, he was chosen to evaluate each proposal for technical acceptance. Subsequently, Covert recommended the Trans Global proposal be accepted. After Trans Global was fraudulently awarded the $126,300 contract from the Air Force via Covert’s inside influence, Covert and Braun split the proceeds. Covert pled guilty on October 28, 2016, and Braun pled guilty on January 12, 2017.

“Corruption in the government procurement process damages the public trust and ultimately degrades the warfighting mission of the Department of Defense,” commented Special Agent-in-Charge John F. Khin, Southeast Field Office, Defense Criminal Investigative Service. “DCIS, with our investigative partners and the U.S. Attorney’s Office, continues to pursue and bring to justice those contractors who defraud military programs, especially when it jeopardizes the safety of our brave men and women in uniform.”

The case was investigated by the Air Force Office of Special Investigations, the Defense Criminal Investigative Service, and the Defense Contract Audit Agency.

Source: https://www.justice.gov/usao-ndfl/pr/federal-government-contractor-sentenced-prison-providing-bribes-government-contract

GSA tech office launches bug bounty program

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The cybersecurity company that ran a bug bounty program for the Army and is running ongoing programs for the Pentagon and Air Force will run a similar program for the government’s technology user experience wing, that office announced Friday.

The program run by HackerOne will offer cash rewards ranging from $300 to $5,000 to security researchers who spot dangerous vulnerabilities in websites and applications run by the General Services Administration’s Technology Transformation Service.

TTS did not give a start date for the program.

Keep reading this article at: http://www.nextgov.com/cybersecurity/2017/05/gsa-tech-office-launches-bug-bounty-program/137817

Defense contractors see end of budget decline

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“The tide has definitely turned in the direction of contract spending,” wrote a team directed by Andrew Hunter of the Center for Strategic and International Studies.

Defense Department fiscal 2016 contract obligations increased by 7 percent over the previous year, “far higher than predicted,” said the analysis of the outlook for spending on research and development, defense acquisition reform and procurement performance-based data from the Federal Procurement Data System.

Significant boosts in spending commitments were recorded by the Missile Defense Agency, the Air Force and the Navy, “driven primarily by increased obligations for large procurement programs like the C-130J transport aircraft, the KC-45A tanker aircraft, and the Trident II missile program,” CSIS said. “Even the Army, which had declined far more steeply than DoD overall throughout the budget drawdown, was virtually stable between 2015 and 2016.”

Keep reading this article at: http://www.govexec.com/contracting/2017/04/defense-contractors-see-end-budget-decline/136788

Bad-faith federal litigation tactics compel court to award small business attorneys’ fees

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Even though the federal government maintains an entire agency whose mission is purportedly to assist small businesses — the Small Business Administration (SBA) — regulators seem ever oblivious to their impact on entrepreneurs. The National Labor Relations Board’s (NLRB) effort to redefine who is an “employer” and the NLRB’s and the Department of Labor’s (DOL) enmity toward independent contracting are two current examples. A third is DOL’s so-called Fiduciary Rule, which hits sole-practitioner and small-business investment and insurance advisors especially hard.

Air Force SealSmall businesses are also at a particular disadvantage when disputes with the government end up in court. A recent U.S. Court of Federal Claims decision, SUFI Network Services, Inc. v. US, exhibits government’s unfortunate willingness to exploit its power in disputes with a small business and the role courts can play in protecting entrepreneurs’ rights.

SUFI contracted with the U.S. Air Force (USAF) in 1996 to be the exclusive long-distance-call service provider for the guest lodging facilities on Air Force bases in Germany. Over the next 8 years, USAF personnel made it impossible for SUFI to successfully offer services.

For example, calling cards were provided to guests to circumvent SUFI’s service. Also, requests by SUFI that government phones be removed from the facilities were repeatedly ignored. SUFI declared that the USAF had committed a material breach of the contract and ceased services in August 2004. As required by the contract, SUFI filed a claim with its contracting officer for $130 million in damages. The officer awarded $133,000.

Obviously dissatisfied, SUFI appealed to the Armed Services Board of Contract Appeals (hereinafter, Board), increasing its request to $163 million.

Keep reading this article at: http://www.forbes.com/sites/wlf/2016/11/25/bad-faith-federal-litigation-tactics-compel-court-to-award-small-business-attorneys-fees/#14f0203f1f35

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