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Joseph Petrillo posted a blog entry in Patterns of ProcurementIn two recent cases, disappointed contractors protested when agencies failed to request clarifications or open discussions. Both Defense Base Services and Level 3 argued that the issues with their proposals could have been remedied if given the chance. GAO denied both offerors’ protests. Yet when Level 3 persisted at the COFC, the judge concluded that an agency’s failure to request clarifications constituted an abuse of discretion. The cases illustrate the difference in the way GAO and the COFC view clarifications and discussions, and shed insight for offerors under similar circumstances. Read the full article at Petrillo & Powell's Patterns of Procurement.
Joseph Petrillo posted a blog entry in Patterns of ProcurementAn 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? 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.
If a judge at the Armed Services Board of Contract Appeals makes a decision with a monetary award against the Government (i.e. the Government has to pay), can the Government negotiate payment terms (such as a contractor agreement not to file any other actions regarding the dispute)? Or does the Government just have to pay or face repercussions? If the Govt must pay, what actions might the contractor take against the Government to enforce the decision and obtain payment? See https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwi47JzX7_TQAhWKjlQKHfPhDqYQFggcMAA&url=http%3A%2F%2Fwww.cafc.uscourts.gov%2Fsites%2Fdefault%2Ffiles%2Fopinions-orders%2F11-5015.pdf&usg=AFQjCNEcZaoI13NwgGCcgJTgUQ90kpcluA&sig2=Toz2Jo8K44P5ZE4uj25oJg pages 12 & 13.