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Joseph Petrillo posted a blog entry in Patterns of ProcurementStatute and regulation prevent public access to contractor past performance information. That said, contractors who contest poor performance reviews in Court or at a board may unintentionally put themselves at risk to have the details of the matter released in a public decision. Such was the case for Torres Advanced Enterprise Solutions, whose recent protest at the COFC inadvertently lead to their performance issues becoming a matter of public record. The case serves as a cautionary tale for other contractors considering whether to contest a poor performance review. Read the full article at Petrillo & Powell's Patterns of Procurement.
Joseph Petrillo posted a blog entry in Patterns of ProcurementIn a recent case, the Army got dinged in the Court of Federal Claims (COFC) despite – indeed, because of – the agency’s efforts to correct a problematic procurement. 58 offerors bid for the Army’s recompete of its Army Desktop Mobile and Computing contract vehicle, but only 9 proposals were deemed technically acceptable. When 21 of the disqualified bidders protested, the Army took “corrective action.” It reopened the competition, allowing all offerors to submit revised proposals and new prices. But the COFC found that the proposed corrective measure was overbroad. The court’s ruling demonstrates that agencies need to tailor corrective action to procurement’s unique problems. To read the full article, visit Petrillo & Powell's Patterns of Procurement.