Court of Federal Claims rejects attempt to shoehorn what it characterizes as a contract administration matter into a bid protest

Recently, the CFC rejected a bid protest action filed by Kellogg Brown & Root (KBR) with respect to one of the Army’s LOGCAP contracts. The contractor had performed the logistics and civil augmentation contract, under which the Army issued task orders for different years, on a “cost-reimbursement basis.” When the Army tried to change to a firm-fixed price arrangement for the 2013 close-out period, KBR balked and refused to submit a proposal—instead filing a bid protest action. The CFC dismissed the case, ruling that KBR did not properly invoke the court’s bid protest jurisdiction but rather was attempting to litigate a contract administration dispute.

After years of submitting cost-reimbursement proposals under the LOGCAP agreement, it seems reasonable that KBR didn’t want to switch to a firm-fixed price basis for the close-out period, as “there was ‘no way to accurately define the scope or duration of work’ and [the] ‘[l]egal, administrative compliance, audit response, vendor issues, subcontract close-out, and dispute resolution . . . are all unknowns.’”

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=334576

Denied bid protests don’t guarantee smooth sailing for GSA’s office supply contract

The Government Accountability Office (GAO) recently denied bid protests for the Office Supplies 3 (OS3) strategic sourcing contract, but that doesn’t mean its clearing sailing for the General Services Administration (GSA).

The GAO found the GSA met requirements to evaluate the economic impact the strategic sourcing contract has on small businesses, even though the Small Business Administration recently said GSA failed to do so.

“GSA conducted market research and considered alternatives to the procurement approach set forth in the solicitation,” the June 9 decision says.

The GSA says that means OS3 will move forward.

Keep reading this article at: http://www.fiercegovernment.com/story/denied-bid-protests-dont-guarantee-smooth-sailing-os3/2014-06-11

Another contractor protests GSA’s professional services contract

More companies are piling on bid protests against the General Services Administration’s OASIS contract, according to documents filed with the Government Accountability Office.

IT service contractor Phacil Inc., is the latest of five companies to protest the award. Smartronix, Inc., VSE Corporation, American Systems Corporation, the Logistics Management Institute and Aljucar, Anvil-Incus & Company all filed protests May 27. Aljucar, Anvil-Incus & Company also filed bid protests during the pre-award phase of the contract, which were denied.

GSA awarded its 10-year, multibillion dollar OASIS contract to 74 companies on May 19. OASIS is governmentwide acquisition contract that offers professional services, such as financial management and engineering, scientific and logistics services. OASIS also features separate contracts for small businesses and larger firms and is valued at around $6 billion a year in agency business.

Keep reading this article at: http://www.federaltimes.com/article/20140604/ACQ01/306040017/Another-contractor-protests-GSA-OASIS-contract

Also see earlier article on initial protests to OASIS contract award: http://www.federaltimes.com/article/20140529/ACQ01/305290008/First-protests-filed-GSA-s-OASIS

Also see earlier article on the award of the OASIS contract: http://www.federaltimes.com/apps/pbcs.dll/article?AID=2014305190012

Replacing Russian rocket engine isn’t easy, Pentagon says

The Pentagon has no “great solution” to reduce its dependence on a Russian-made engine that powers the rocket used to launch U.S. military satellites, the Defense Department’s top weapons buyer said.

“We don’t have a great solution,” Frank Kendall, the undersecretary of defense for acquisition, said yesterday after testifying before a Senate committee. “We haven’t made any decisions yet.”

Defense Secretary Chuck Hagel ordered the Air Force to review its reliance on the rocket engine after tensions over Russia’s takeover of Ukraine’s Crimea region prompted questions from lawmakers about that long-time supply connection. United Launch Alliance LLC, a partnership of Lockheed Martin Corp. and Boeing Co.,  uses the Russian-made RD-180 engine on Atlas V rockets.

Among the options the Air Force is outlining for Hagel are building versions in the U.S. under an existing license from the Russian maker or depending only on Delta-class rockets that use another engine, Kendall said. The U.S. also could accelerate the certification of new companies to launch satellites that don’t use the Russian engine, he said.

Elon Musk, the billionaire owner of Space Exploration Technologies Corp., a Hawthorne, California-based company that’s trying to break into the military launch market, said at a March 5 congressional hearing that launches may be at risk because of dependence on the Russian engine.

Keep reading this article at: http://www.bloomberg.com/news/2014-04-30/replacing-russian-rocket-engine-isn-t-easy-pentagon-says.html

GAO: USDA improperly awarded $141 million sole source contract

The U.S. Department of Agriculture improperly awarded a $141 million sole source contract in exchange for the contractor’s agreement to withdraw a GAO bid protest.

According to a recent GAO bid protest decision, the award violated the Competition in Contracting Act, which does not permit an agency to award a sole source contract in exchange for a contractor’s promise to terminate litigation against the agency.

The GAO’s decision in Coulson Aviation (USA), Inc., et al., B-409356.2 et al.(Mar. 31, 2014) involved the USDA’s procurement of next generation (“NextGen”) large airtanker services for wildland firefighting support.  The Air Force initially issued a solicitation for the NextGen airtanker services in 2011.  After corrective action taken in response to a GAO bid protest, the USDA awarded NextGen contracts to four companies.  Neptune Aviation Services, Inc., which had initially been identified as an awardee before the protest, was not awarded a NextGen contract.

Keep reading this article at: http://smallgovcon.com/gaobidprotests/gao-usda-improperly-awarded-141-million-sole-source-contract/ 

Dozens of companies file bid protests in DHS competition for IT projects

The Department of Homeland Security’s seven-year, $22 billion Eagle 2 information technology contract is getting buried under vendor protests, according to the Government Accountability Office.

More than 49 companies have filed protests against DHS with the GAO. Another firm, STG Inc., has filed a complaint in the U.S. Court of Federal Claims.

GAO has 100 days to review each bid protest, which could drag out any task order awards until March. DHS awarded the small-business portion of Eagle 2 on Sept. 6 and the unrestricted portion on Sept. 27.

The companies protesting the award include Accenture Federal Services, Northrop Grumman Systems Corp., Lockheed Martin, Raytheon, Harris IT Services Corp. and CGI Federal.

Keep reading this article at: http://www.federaltimes.com/article/20131230/ACQ03/312300004/More-companies-file-EAGLE-II-protests

GAO tosses Harris bid protest against $3.5 billion Navy network contract

The Government Accountabilty Office (GAO) denied Harris Corp.’s protest of the award of a $3.5 billion contract to HP Enterprise Services for the Navy’s Next Generation Enterprise Network designed to serve 800,000 Navy and Marine users located in the United States.

GAO has not released details of its NGEN decision. After the award in June, Sean Stackley, assistant secretary of the Navy for research, development and acquisition, said at a media briefing that HP came in with a lower price than the other bidder on the contract, Computer Sciences Corp partnered with Harris. Both companies filed protests, and CSC withdrew its protest on Aug. 26.

Keep reading this article at: http://www.nextgov.com/defense/2013/11/gao-tosses-harris-protest-against-35-billion-navy-network-contract/73082

Bid protests won’t get processed during shutdown

The “vast majority” of its personnel cannot work during the government shutdown, the Government Accountability Office said on its website, noting that this includes staff in its bid protest office.

The GAO Office of General Counsel determined that the bid protest office must close for the duration of the shutdown. “There will be no personnel monitoring protest filings at GAO during the time our office is closed,” GAO noted.

Any new protest received while GAO is closed will be treated as filed on the day that GAO resumes operations. Any deadline for an agency filing — such as an agency report or other filing requested by GAO — may, upon request, be extended by up to one day for each day that GAO is closed.

Keep reading this article at: http://www.defenseone.com/management/2013/10/bid-protests-wont-get-processed-during-shutdown

‘Fundamental’ procurement reforms called for

The Professional Services Council is lobbying members of Congress and administration officials for “fundamental” acquisition reforms across government, including expanding the reach of the White House procurement office and exploring ways to decrease bid protests.

Officials for the trade group, which represents government services contractors, said it’s too early to say how the bid protest process might be reformed, but industry leader joined in the chorus of complaints long echoed by government officials.

“There’s a certain amount of frustration that it slows business down,” said Ellen Glover, a commission member and executive vice president of ICF International Inc. Her comments came during a press briefing as the PSC unveiled a commission report addressing what officials called “the intersection of federal human capital, acquisition and technology.”

Keep reading this article at: http://www.federaltimes.com/article/20130910/ACQUISITION03/309100013/PSC-calls-fundamental-procurement-reforms

Is it time to reinvent acquisition?

Federal IT managers and contractors need an acquisition workforce and relationships that are better equipped to handle shifting technologies and economic uncertainty, a new Professional Services Council study found.

The study, released Sept. 9 and titled “From Crisis to Opportunity,” shows federal IT management is not keeping up with technological changes. While 85 percent of the federal IT leaders polled said IT was “extremely important,” just 25 percent said their workforce was “extremely competent” in complex IT acquisition skills. More than 50 percent rated such competencies as “average or worse.”

In remarks at a Sept. 9 press conference, PSC President and CEO Stan Soloway said three fundamental problems plague federal acquisition:

  1. Difficulties in developing modern acquisition training and maintaining a strong federal workforce.
  2. A lack of collaboration within federal agencies.
  3. A lack of strong leadership at some government agencies.

While there are strong acquisition programs at the Office of Management and Budget and Department of Homeland Security, Soloway said, others are not forward-looking enough when it comes to developing and maintaining acquisition personnel.

Keep reading this article at: http://fcw.com/articles/2013/09/09/psc-acquisition-report.aspx

Download a copy of the report at: http://www.pscouncil.org/c/p/2013_Commission_Report/The_2013_PSC_Leadership_Commission_Report.aspx