Georgia Tech Procurement Assistance Center

Vendors challenged more federal contracts in 2018

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The number of bid protests filed against the federal government increased less than 1 percent last year, but contractors continue to get some sort of recompense from the agencies they’re challenging, according to a Government Accountability Office annual report.

Contractors filed 2,607 bid protests in fiscal 2018, an uptick from 2,596 in fiscal 2017. The number of bid protests has been increasing since 2013, except for fiscal 2017 when they dropped 7 percent.

The office closed 2,642 cases during the year, which breaks down as 2,505 protests, 53 cost claims and 84 requests for consideration. Even though the office saw a slight uptick in protests filed, they sustained them at a lower rate—15 percent—than in fiscal 2017.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2018/11/vendors-challenged-more-federal-contracts-2018/153148/

Recent GAO decisions underscore the need for precision in identifying corporate entities during the procurement process

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Many government contractors are part of corporate families consisting of multiple corporate entities.  One entity may be named as the official contracting party, but use the resources of affiliates, parents, or subsidiaries during performance.

The distinction between those members of the corporate family may not seem important in terms of day-to-day operations — in fact, the synergy and seamlessness between the corporate entities may be a selling point.

Two recent Government Accountability Office (GAO) decisions make clear, however, that when it comes to bidding on government work, it is important to precisely identify which corporate entity is going to do what and which corporate entity has which resources.

In BDO USA, LLP and Intermarkets Global USA, LLC, GAO’s decisions turned on a perceived misidentification of corporate entities at some point in the procurement process.  In BDO, the problem occurred during bid submission.  In Intermarkets, the problem occurred when the protest was filed.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/11/still-just-rat-cage-recent-gao-decisions-underscore-need-precision-identifying-corporate-entities-procurement-process/

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

GAO: Agency closing time is 4:30 pm, not 5:00 pm

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Unless an agency designates different business hours, the Federal Acquisition Regulation (FAR) says that a government agency is deemed to close at 4:30 p.m. local time–not 5:00 p.m., as it would be easy to assume.

In a recent case, the 4:30 p.m. closing time cost an unsuccessful offeror a chance at a GAO protest because the offeror’s debriefing request, sent to the agency at 4:59 p.m., was deemed untimely.

The GAO’s decision in Exceptional Software Strategies, Inc., B-416232 (July 12, 2018) involved an NSA solicitation seeking to award up to six IDIQ contracts for the definition, prototyping, development, and production of visualization and presentation tools.  Thirteen offerors, including Exceptional Software Strategies, Inc., submitted initial proposals.

The evaluation panel determined that ESS’s proposal was unacceptable under one of the non-price factors.  On Thursday, March 15, 2018, NSA informed ESS that its proposal had been excluded from the competitive range.  The letter explained that ESS had been found unacceptable, and the reasons why.

Keep reading this article at: http://smallgovcon.com/gaobidprotests/gao-agency-closing-time-is-430-p-m-not-500-p-m/

New rules for filing protests at GAO and new DFARS debriefing requirements

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The Government Accountability Office {GAO) finally has unveiled its long-awaited Electronic Protest Docketing System (EPDS).

Effective May 1, 2018, all new protests (excluding those containing classified material) must be filed using GAO’s EPDS.

In addition, the National Defense Authorization Act (NDAA) for 2018 enhanced debriefing requirements for all contract and task order awards valued at $10 million or more. Under the new rules, contracting officers must provide unsuccessful offerors an opportunity to submit additional questions related to the debriefing within two business days after receiving the initial debriefing. The agency then has five business days to respond after receipt of the questions.

See details on both of these new requirements at: http://www.mondaq.com/article.asp?articleid=697940

GAO bid protests must be submitted online starting in May

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Vendors that don’t like the results of a contract award will have to go online to take up their beef up with the Government Accountability Office (GAO) starting next month.

GAO on Thursday announced its plans to launch the electronic bid protest docketing system, a web portal where groups can securely file protests to federal contract awards. Vendors will be required to submit all new protests through EPDS beginning May 1.

“This new system modernizes the bid protest process at GAO and will make it a much more efficient process,” said Comptroller General Gene Dodaro, who heads the congressional watchdog agency, in a statement.

Keep reading this article at: http://www.nextgov.com/it-modernization/2018/04/all-bid-protests-must-be-submitted-online-starting-may/147257/

The Government Accountability Office’s (GAO) new Bid Protest Regulations, effective May 1, 2018, are at: https://www.federalregister.gov/documents/2018/04/02/2018-06413/government-accountability-office-administrative-practice-and-procedure-bid-protest-regulations

Contractors face changes to bid protest strategies

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The National Defense Authorization Act (NDAA) for fiscal year 2018 includes some significant changes affecting contractors, particularly with regard to challenges to requests for proposals and contract awards, otherwise known as “bid protests.”

The key bid protest changes in the new NDAA are: the introduction of a new pilot program under which large defense contractors will be required to pay the Defense Department’s costs where a protest is denied; and the enhancement of post-award debriefing rights.

While Congress passed the former with the intent of reducing frivolous protests, it is likely the latter — which will give contractors greater insight into the rationale behind procurement decisions — that will have a greater impact on the number of protests filed.

Section 827 of the act requires that the department establish and implement a three-year pilot program under which “large” defense contractors will be required to reimburse the department for “costs incurred in processing covered protests” for protests “denied in an opinion” by the Government Accountability Office.

Keep reading this article at: http://www.nationaldefensemagazine.org/articles/2018/3/6/contractors-face-changes-to-bid-protest-strategies

Five factors for proposal evaluation: Creating bids that will survive a protest

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Submitting the winning bid is an exhilarating feeling, dimmed only by the following days, as the offeror waits to hear if others may file a protest.

Once a protest is filed, offerors options are limited.

One option that is available to offerors, but often ignored is the right to hire qualified counsel to represent their interests.  Government contract attorneys are in a unique position, in that, while they are ethically obligated to protect their client’s interests, they are prohibited from discussing certain information with their clients.  This frustrates offerors, and limits an attorney’s opportunities to provide valuable information about how things might have been different, had the offeror only done something different.

Keep reading this article at: https://www.bidprotestweekly.com/five-factors-for-proposal-evaluation-creating-bids-that-will-survive-a-protest/

$17.5 billion defense IT contract award survives four protests

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The 20 companies awarded a place in November on the Defense Information Systems Agency’s $17.5 billion IT services contract, ENCORE III, will get to keep their spots, the agency recently announced.

The award survived protests from Data Systems Analysts, NCI Information Systems, Peerless Technologies Corporation and Planned Systems International. The companies filed their protests with the Government Accountability Office in November; all four were dismissed on Feb. 21.

The protest decisions from GAO are under a protective order and awaiting redaction before being released to the public.

See the names of the 20 companies and keep reading this article at: http://www.nextgov.com/it-modernization/2018/03/175-billion-defense-it-contract-awards-survives-four-protests/146738/

November 2017 bid protest roundup

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This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”).

The first reminds contractors that competitors can work together when failing to do so will result in bad procurement precedence that will cause them future competitive harm.

The second reminds contractors that it may be ill advised to rely on industry day materials, especially if marked that they are subject to change.  This decision also shows that, between an original contract and a bridge contract, the original contract is more important in the Small Business Administration’s analysis of whether the award of an 8(a) contract will harm a small business.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=654514

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