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JackSparrow

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  1. My company recently won an OTA worth Approximately 45M as a non-traditional defense contractor. A non-traditional defense contractor is defined by statute as “an entity that is not currently performing and has not performed, for at least the one-year period preceding the solicitation sources by the Department of Defense for the procurement or transaction, any contract or subcontract for the Department of Defense that is subject to the full coverage under the cost accounting standards (CAS) prescribed pursuant to Section 1502 of title 41 and the regulations implementing such section.” The
  2. As a follow up, I found MD Helicopters Incorporated v. United States of America, et al., No. CV-1902236-PHX-JAT (D.Ariz. Jan. 24, 2020) to hold that the limited waiver of sovereign immunity contained in the APA did not apply and the court lacked jurisdiction under the ADRA’s sunset provision and left room to refile in the proper jurisdiction. In that case, the Plaintiff MD Helicopters, Inc. ("MDHI") alleged that Defendants the United States of America, the United States Department of the Army, and the Secretaries of Defense and the Army in their official capacities (collectively, "the Army"),
  3. Thank you all. This has been helpful. Appreciate it.
  4. My company is new to bidding on contracts that come out using Other Transaction Authority (OTAs) and recently lost an award. My CEO is asking whether we can protest. My initial research indicates that OTA awards are not subject to protest. Some research indicates you could challenge an agency's initial decision to use an OTA but I assume that would have to be made at pre-proposal stage, not after award. Looking for any feedback confirming this or general experiences dealing with OTAs. Thanks.
  5. Update: We filed a pre-award protest stating that the requirement that direct labor rates be substantiated only with payroll stubs is unduly restrictive; is unstated evaluation criterion; and the agency abused its discretion in conducting discussions. We will see how it goes.
  6. The contract type is cost-reimbursement. Understand that asking for documentation to support realism is permissible but when we asked the question of whether the paystub preference was intendent for the incumbent, the response from the agency was that paystubs were required.
  7. My company recently protested an award to another bidder on a government project. The protest centered around the agency adjusting my company's rate upwards of the proposed cap. In essence, making our originally less expensive proposal fall into the second less expensive proposal. The less expensive proposal, not the incumbent, was awarded the contract. The agency rescinded the award to the lowest bidder and has now opened the competition up again with revisions to the solicitation. As part of the corrective action, the agency issued the following question: Question 4: Please provide doc
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