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GAO or the court: Does where you file your protest make a big difference? (Part 1 of 2)

October 20, 2017 By Nancy Cleveland

An offeror protested an award by the U.S. Forest Service when the agency’s solicitation appeared to favor a competitor, but the protest was denied at GAO. The Simplex Aerospace decision, in comparison to the recent case of PSI, raises the question of whether disappointed contractors are better served by filing protests with GAO or the Court of Federal Claims. Does the decision of where to file really mean the difference between a win and a loss in the world of Government contracts?

The Implications of Simplex’s Aerospace Case at GAO

When Simplex Aerospace challenged the U.S. Forest Service’s solicitation to convert a C130 plane to drop retardant on forest fires, they took their protest to GAO. It appeared to the contractor that the agency had written their solicitation for services around the product of a competitor. The case highlights the tension between prescribing narrow versus broad specifications, and balancing an agency’s needs against legal requirements for a competitive procurement process.

The U.S. Forest Service’s narrow specifications prompted Simplex Aerospace to protest. Among other constraints, the protestor cited the agency’s requirement for crash survivability, which was in excess of the FAA standard. Additionally, they asserted that the agency’s required excessive accuracy in measuring the levels of fire retardant in the aircraft’s tanks.. These requirements appeared to mimic a competitor’s product, and thus the protestor felt the solicitation was unfair.

Keep reading this article at: https://petrillopowell.wordpress.com/2017/10/03/gao-or-the-court-does-where-you-file-your-protest-make-a-big-difference/

Filed Under: Contracting Tips Tagged With: Court of Federal Claims, Forest Service, GAO, protest

Subcontract with incumbent doesn’t mandate high past performance score

January 19, 2016 By Nancy Cleveland

An offeror was not entitled to a high past performance score merely because it proposed a subcontracting relationship with the incumbent prime contractor.

GAO-GovernmentAccountabilityOffice-SealIn a recent bid protest decision, the Government Accountability Office (GAO) held that an agency had properly assigned the offeror a mere “Satisfactory” past performance score, despite a subcontracting relationship with the incumbent, because the prospective prime contractor had not sufficiently demonstrated its own relevant past performance.

The GAO’s decision in TechTrend, Inc., B-412009, B-412009.2 involved a Forest Service solicitation for human resources information technology and contract advisory and assistance services.  The solicitation was issued as an 8(a) set-aside.

The solicitation stated that award would be made on a best value basis, considering three factors: technical capability, past performance, and price.  With respect to the past performance factor, the solicitation provided that the Forest Service would assess the past performance of the prime offeror and its proposed subcontractors.  However, the solicitation stated that the experience of the prime offeror was more important than the experience of subcontractors.

Keep reading this article at: http://smallgovcon.com/gaobidprotests/gao-subcontract-with-incumbent-didnt-mandate-high-past-performance-score/

Filed Under: Contracting Tips Tagged With: best value, Forest Service, GAO, past performance, subcontracting

Learn about architectural, engineering services needed by the Forest Service

December 22, 2010 By ei2admin

If you’re an architectural or engineering (A&E) firm that’s interested in doing business with the U.S. Forest Service, you’ll be interested in a conference being held on this subject on February 9, 2011.

The Southern Region office of USDA’s Forest Service contracts for architectural and engineering services throughout the year. In January, the agency is expected to make an announcement about their A&E contracting plans, and this will be the focus of the conference.

If your firm provides services under any of these NAICS codes — 541310, 541320, 541330, 541340, 541350, 541360, or 541370 — then you should make plans to attend.

The conference — co-hosted by the Georgia Tech Procurement Assistance Center (GTPAC) — is being held at the GTRI Conference Center in Atlanta on Wednesday, February 9, 2011, from 8:30 am until 12:30 pm.

Advance registration is required.  Click here to register for this free conference; directions and a map are on the registration website.

Representatives of the Forest Service’s Contracting, Engineering, and Small Business staffs will be in attendance to explain upcoming contract opportunities and answer questions.

A flyer announcing the conference can be seen here, and a draft agenda for the conference can be seen here.

Filed Under: GTPAC News Tagged With: A&E, federal contracting, Forest Service, government contract assistance, government contract training, small business, USDA

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