Government Contracts & Investigations

Category: Bid Protests and the Contracting Process

GAO Reminds Offerors that It’s Important to Substantiate Key Personnel’s Experience

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Putting your best foot, or best personnel, forward seems like “Winning the Contract Award 101.” But a refresher course never hurts. Recently, the Government Accountability Office (GAO) decision in Deloitte Consulting, LLC (Deloitte), B-416882.4 (January 6, 2020), provided a reminder about the content of a quotation where the solicitation requires submission of a crosswalk, resume,Read More

Topics: Bid Protests and the Contracting Process

GAO Considers Reconsideration

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It’s not unusual for defeated protesters to feel as though the explanation for their defeat short changes their arguments. Indeed, this might be the case for every defeated protester (or intervenor, or agency). The Government Accountability Office (GAO) decision in Analytical Solutions by Kline, LLC (ASK), B-417161.3 (July 11, 2019), published on GAO’s website onRead More

Topics: 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