Government Contracts & Investigations

Category: Bid Protests and the Contracting Process

Securing the Supply Chain – CMMC Draft Version 0.7 Issued

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Last month we reported on the Department of Defense’s (DoD’s) issuance of Version 0.6 of its draft Cybersecurity Maturity Model Certification (CMMC) standard. That draft included DoD updates and revisions to CMMC’s domains, capabilities and practices for Levels 1 through 3. It deferred revisions to those parts of CMMC covering Levels 4 and 5. OnRead More

Topics: Bid Protests and the Contracting Process, Contract Administration, Cyber, Data Security, and Privacy, Ethics and Compliance

Tiered Evaluations: A Lesson in Reasonably Applying Different Rules

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It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company, B-417854 (November 15, 2019) helped clarify the interplay between the Buy American Act (BAA) and the Trade Agreements Act (TAA) when itRead More

Topics: Bid Protests and the Contracting Process, Buy American Act, Sourcing Restrictions, Trade Agreements Act

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

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