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March 18, 2021 By cs

‘Rule of Two’ must be analyzed before ‘any’ acquisition

The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the “Rule of Two” to all federal acquisitions in its decision of Tolliver Grp., Inc. v. United States.

Further, agencies must give a reasonable explanation supported by factual evidence when canceling solicitations.  The decision ensures that small businesses will continue to have robust access to

The two solicitations at issue in this case were for the procurement of training staff for a field artillery school located in Fort Sill, Oklahoma.  Both solicitations were set-aside for service-disabled veteran-owned small businesses (SDVOSBs).  After the Army awarded the contracts to two SDVOSBs, a third SDVOSB bidder protested the awards, alleging deficiencies in the Army’s evaluation of various factors.

The Army issued Notices of Corrective Action for both contracts, stating that it would cancel both awards, “[r]e-evaluate the requirement and acquisition strategy to ensure that it accurately reflects the Army’s current need,” and either cancel or amend the solicitations. The Army’s internal memorandums indicate that part of the rationale for revisiting the solicitations was because the Army now had a new multiple award indefinite delivery indefinite quantity (MAIDIQ) contract vehicle that encompassed the scope of the two solicitations at issue.

Using a MAIDIQ allows the government to select several possible vendors for an agency to rely on, then ask that small group of vendors to bid against one another to complete each separate task; giving the government a competitive price for each task without initiating a new contract competition and all that it would demand of contracting officers. While the Army initially intended the MAIDIQ to be a small business set-aside, the Army determined, after conducting market research, that given the breadth of the MAIDIQ’s anticipated scope of work, none of the small business proposals could meet the requirements.

On September 13, 2018, the Army issued the MAIDIQ Solicitation as a full and open competition. Five businesses were awarded the MAIDIQ contract, none of which qualified as a small business.

Keep reading this article at: https://www.mondaq.com/unitedstates/government-contracts-procurement-ppp/1037100/cofc-rule-of-two-must-be-analyzed-before-any-acquisition

Filed Under: Government Contracting News Tagged With: Army, COFC, Court of Federal Claims, indefinite delivery, indefinite quantity, MAIDIQ, multiple award indefinite delivery indefinite quantity, rule of two, SDVOSB, small business, veteran owned business

February 17, 2021 By cs

Army awards $5 million ‘bridge’ contract for cyber training

Army Materials Command skipped a competitive bidding process for short-term cyber training services, citing urgent need while it waits for a bid protest to be resolved.

“The growth of the Cyber threat to the Armed Forces mandates that the cybersecurity and tactical network management efforts for Program Executive Offices and [Major Army Commands] continue without interruption,” reads a notice of the justification published on Beta.sam.gov Monday.  “A lapse in services would have impacted and/or delayed operational requirements at the tactical level, resulting in increased cost to the Government as well as the risk for potential loss of life during operational deployments.”

The Army’s contracting command awarded a $5.6 million bridge task order to Beshenich Muir & Associates, LLC, or BMA, on Jan.11 to provide support to the Regional Signal Training Sites of the U.S. Army Signal School at the U.S. Army Cyber Center of Excellence. The contract comes with a three-month base period, to account for the adjudication of the protest of an initial task order issued to BMA on Nov. 23 from Obxtek, Inc. The bridge task order also has an additional three-month optional period in case there’s a supplemental protest.

A decision on the protest, which is not publicly available, is due from the Government Accountability office March 29 and Obxtek said it generally doesn’t comment on open cases.

Keep reading this article at: https://www.nextgov.com/cybersecurity/2021/02/army-awards-5m-bridge-contract-cyber-training/171973/

Filed Under: Government Contracting News Tagged With: Army, Army Materials Command, award protest, bridge contract, competitive bid, cyber, cybersecurity, GAO, protest

January 18, 2021 By cs

Former Army contractor executive sentenced for role in bribery and kickback schemes

An former executive of a government contractor has been sentenced for his role in a bribery and kickback scheme where he paid bribes to secure U.S. Army contracts.

John Winslett of Bristol, Rhode Island, was sentenced on Jan. 15th to 70 months in prison, followed by three years of supervised release.

According to court documents and information presented in court, Winslett admitted he paid over $100,000 worth of bribes, between 2011 and 2018, to two U.S. Army contracting officials who worked at the Range at Schofield Barracks in Hawaii.

The bribes included cash, automobiles, and firearms.  In return, Army contracting officials used their positions by awarding $19 million in U.S. Army contracts to Winslett’s employer.

Winslett further admitted that he accepted $723,333 in kickbacks from a local subcontractor in exchange for Winslett assigning those contracts to that local subcontractor.

Army-CID, DCIS and the FBI investigated this case.

Source: https://www.justice.gov/opa/pr/former-government-contractor-sentenced-role-bribery-and-kickback-scheme

Filed Under: Government Contracting News Tagged With: abuse, ACID, acquisition workforce, Army, bribe, bribery, contracting officers, corruption, DCIS, DOJ, FBI, fraud, Justice Dept., kickback, Schofield Barracks

January 14, 2021 By cs

COFC confirms ‘rule of two’ analysis applies before agency decides to utilize a multiple-award vehicle

The U.S. Court of Federal Claims (COFC) issued a decision on Nov. 30, 2020 that supported the Small Business Administration’s position regarding the Rule of Two analysis requirements for government acquisitions.

The central question surrounding the case was whether the U.S. Army could cancel a Federal Acquisition Regulation (FAR) Part 8 service-disabled veteran-owned small business (SDVOSB) set-aside procurement under the General Services Administration’s Federal Supply Schedule (FSS) and move the requirement to a multiple-award indefinite-delivery, indefinite-quantity (MAIDIQ) contract vehicle that the plaintiff, The Tolliver Group, Inc. (Tolliver), did not hold.

In its protest, Tolliver argued, in part, that the Army’s actions violated the Rule of Two because the agency was required to determine whether two or more small businesses were capable of performing the requirement prior to choosing to put the procurement on the MAIDIQ contract.

The COFC’s decision confirms that the Rule of Two analysis applies before an agency elects to procure a requirement from a multiple-award contract (MAC) vehicle under FAR Part 16.5.

The Rule of Two requires contracting officers to set aside any acquisition over the simplified acquisition threshold for small business participation when there is a reasonable expectation that (1) offers will be obtained from at least two responsible small business concerns and (2) the award will be made at fair market prices.

In Tolliver, the Army argued that a Rule of Two analysis was not required because—according the Small Business Jobs Act, as implemented in 15 U.S.C. § 644(r)—federal agencies have the discretion to issue MACs without first conducting a Rule of Two analysis to determine whether it should be set aside for small businesses.

Keep reading this article at: https://www.jdsupra.com/legalnews/cofc-confirms-rule-of-two-analysis-83418/

Filed Under: Government Contracting News Tagged With: Army, COFC, Court of Federal Claims, FAR, Federal Supply Schedule, FSS, GSA Schedule, IDIQ, MAC, MAIDIQ, multiple award, multiple award contract, rule of two, SBA, SDVOSB, set-aside, simplified acquisition

January 11, 2021 By cs

Army aims to be less dependent on contractors for software

The command of the military branch in charge of looking ahead is soliciting prototypes for a major knowledge-transfer initiative.

By March, Army Futures Command plans to award an offeror with an agreement to establish a program that would start with coding workshops and beginner training and, after five years, end with a scalable government-only software development facility.

The Army’s first soldier-led software factory “shall be staffed, built, and run from zero existing infrastructure or policy precedent, to ultimately transition to Army self-sustaining operation as a fully-uniformed agile software development unit without a heavy reliance on contracted presence,” reads a solicitation posted to beta.sam on Dec. 28th. “The future operating environment will include contested communications and the Army can no longer singularly rely on industry to provide software solutions given the infeasibility of contractors on the battlefield in a high-intensity conflict with a near-peer adversary.”

Keep reading this article at: https://www.nextgov.com/emerging-tech/2020/12/army-aims-be-less-dependent-contractors-software/171098/

Filed Under: Government Contracting News Tagged With: acquisition planning, Army, Army Futures Command, coding, OMB, software, software development

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