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In 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.
Sometimes the Government seeks the best overall value, and at times simply lowest cost. But even when low price is determinative, the bidder must still meet minimum technical qualifications. In a recent case, Level 3 Communications lost a major contract with the Dept. of Defense to Verizon, whose bid exceeded theirs by nearly $40 million. Level 3 was disqualified for what it thought were trivial reasons. When Level 3 protested, it got no relief from GAO, but the Court of Federal Claims came to their rescue. More at Petrillo & Powell's Patterns of Procurement.
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.