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Found 8 results

  1. When the Department of Defense (DoD) sought restrictions on bid protests, Congress made them commission a study to validate their case. That study, authored by the RAND Corporation, looks at bid protests during the 9-year period from 2008-2016. The study indicates a significant increase in the number of bid protests over that time period. That trend alone bolsters the DoD’s case. But a further look at the extensive data from RAND’s study suggests otherwise, and provides critical insights for Defense contractors. Read the full article at Petrillo & Powell's Patterns of Procurement.
  2. It sounds simple. In Lowest Price Technically Acceptable (LPTA) procurements, the agency determines the best value proposal by identifying those that are technically acceptable and then selecting the one with the lowest price. But there’s a wrinkle when this technique is used for a cost-reimbursement contract. Smartronix’s recent protest at GAO illustrates that proposing the lowest cost doesn’t always win you the contract, even when you’re technically acceptable. Specifically, contractors if the proposed cost is too low, the Government can adjust it upwards. Read on to learn more about this problem and how to avoid it. To read the full article, visit Petrillo & Powell's Patterns of Procurement.
  3. In a best value procurement, being roughly as good as the competition and offering a slightly lower price doesn’t necessarily mean you’ll win the contract. Such was the case for DynCorp, which offered a lower price and a comparable CPARS score to the incumbent, L-3 Communications. When DynCorp lost the re-competition for Air Force logistics support, they protested at GAO. But savviness on the part of the agency saved the award. To read the full article, visit Petrillo & Powell's Patterns of Procurement.
  4. 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.
  5. Sometimes multiple contractors earn spots on Indefinite Delivery, Indefinite Quantity (IDIQ) contracts, which allow for an undetermined quantity of supplies or services during a fixed period of time, as outlined in FAR. But what happens when winning contractors have reservations about the competitors who earn contracts alongside them? DaeKee Global Co. found itself in such a situation, and reacted by protesting the terms of the solicitation. Read on to learn how GAO and the COFC responded to such protests, and what this means for contractors concerned about their bedfellows in IDIQ contracts. To read the full article, visit Petrillo & Powell's Patterns of Procurement.
  6. After the proposal due date, the rule is that late changes or revisions are not accepted, with certain narrow exceptions spelled out in regulation. However, GAO has carved out its own exception when key personnel become unavailable. Such was the case when the YWCA protested a recent Labor Department award. GAO held that after proposal submission, an agency cannot accept a replacement for a key person who becomes unavailable without opening discussions with all offerors in the competitive range. The case highlights some of issues that arise for offerors when personnel changes occur after proposals are submitted. Read the full article at Petrillo & Powell's Patterns of Procurement.
  7. In 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.
  8. 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? Read the full article at Petrillo & Powell's Patterns of Procurement.
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