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Found 4 results

  1. Federal contractors often hire former agency employees. But rules exist that can place limitations on the business activities of past officials who seek to work with the agency by which they were previously employed. So what happens when a bidder thinks that a competitor has an unfair advantage because it has hired such a former official? A recent protest decision sheds some light on how agencies and GAO proceed when facing such a perceived conflict of interest. Read the full article at Petrillo & Powell's Patterns of Procurement.
  2. As a recent big acquisition by the Department of Education (ED) for IT services shows, GAO takes the integrity of the procurement system very seriously. The case sheds light on how agencies and contractors should respond when they believe the integrity of the procurement process may be threatened. Specifically, contractors may need to self-report breaches of the integrity rules, affected competitors need to act promptly to preserve their rights, and agencies must investigate problems and take appropriate action to ensure a fair procurement. View the full article at Petrillo & Powell's Patterns of Procurement.
  3. Two scenarios – both involving small businesses considering a future RFP (not yet released). Company X is considering a bid on a Navy RFP and the company President is a cousin of the Government PM. Their relationship is purely personal and no business is discussed when they communicate. Company Y is considering a bid on the same RFP and the President of company Y is a good friend of the Government PM. They served together in Iraq and the President and the PM have met regularly to discuss company capabilities and the Government's future needs. Do either or both of these situations represent a conflict of interest that would require disclosure as part of the bidding process (assuming the future RFP includes a OCI clause)? If unclear, how and when could each company obtain a ruling before the RFP hits the street?
  4. This was ran by my legal dept. (last year) and 3 issues were recognized, (all 3 required legal investigation)... An IG investigation was launched but IG will not provide status or even status on which issues they are looking into. It is now a year later and IG has given no instruction (pretty much does not respond to emails until I escalate) and due to criticality of the software we must move forward with a new acquisition/award. I am conducting a DOD acquisition which is Brand Name only and award will be made using other than full and open competition procedures to licensed product resellers of company ABC. Only licensed ABC software resellers can fulfill the requirements of the acquisition. However, based on ABC’s licensing agreement with those resellers, all resellers who supply the Federal Government must purchase their products and upgrade services from company XYZ, who in turn subcontracts with company ABC. All licensed ABC software resellers in affect obtain their quotes from company XYZ. Since company XYZ also submits their own quote, the nature of this relationship between company ABC and XYZ allows company XYZ a competitive advantage. (Also of note, the products being delivered are upgrades for current software, as such, 100% of deliverables come from company ABC. Company XYZ only adds on a pass through charge and provides no additional support or service. The same goes for every licensed reseller of ABC's products. (Resellers are both Large and Small buinesses). So XYZ essentially sets the resellers prices with exception to the resellers own pass through charge. I have received written confirmation from company ABC that it will not compete against company XYZ or provide support sole source). At this point, given an ongoing IG investigation, should I address the situation as a DFARS 209.571-3 Organizational Conflict of Interest issue? This means contacing with company ABC or XYZ or both to resolve the situation. IG has not instructed me as to what I can say or reveal so can I tell the contractor that IG is reviewing the current situation in order to facilitate change and promote competition?
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