Government Contracts & Investigations

Some Tradeoff Is Better than None—and Enough to Avoid the Prohibition against LPTA

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When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As time passes and procuring agencies adopt new evaluation schemes, however, the parameters of the prohibition are being tested. The recent Government AccountabilityRead More

Topics: Acquisition Reform and Emerging Issues, Bid Protests and the Contracting Process, Statutes and Regulations

Your Proposal Says What It Says: The GAO Does Not Engage in Revisionist History

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Disappointed offerors sometimes attempt to challenge contract awards by arguing that the agency did not properly take into account a particular aspect of their proposals. As the recent Government Accountability Office (GAO) decision in Red River Science & Technology, LLC, B-417798.2 (October 24, 2019) makes clear, however, protesters need to make sure that their proposalRead More

Topics: Bid Protests and the Contracting Process, Subcontracting and Strategic Alliances

Short Take: Proposed Rule Raises Certified Cost or Pricing Threshold to Implement Section 811 of FY18 NDAA

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On October 2, 2019, DoD, GSA and NASA issued a proposed rule amending the FAR to implement Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. The amendment increases the threshold for requesting certified cost or pricing data from $750,000 to $2 million for contracts entered into after June 30,Read More

Topics: Contract Administration, Statutes and Regulations

Do Not Be Discouraged: Agency Discretion on Corrective Actions Does Have Limits

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Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government Accountability Office (GAO) decision in MCR Federal, LLC, B-416654.2; B-416654.3 (December 18, 2018), serves as a reminder that failure is notRead More

Topics: Bid Protests and the Contracting Process

Navy-Marine Corps Issue Supplement to DFARS Cybersecurity Rule

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In the face of increasing concern over the security of Navy and Marine Corps (Navy) programs, the Navy Marine Corps Acquisition Regulation Supplement (NMCARS) was updated on September 6, 2019 to incorporate significant additional cybersecurity compliance, monitoring and reporting requirements, as well as identify potential penalties for contractor noncompliance with cybersecurity requirements or delivery ofRead More

Topics: Cyber, Data Security, and Privacy