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February 25, 2020 By cs

Contractor successfully uses GAO pre-award protest to modify solicitation

When the terms of a solicitation run contrary to the regulations, challenging the solicitation in a pre-award protest may provide contractors the chance to shift the tide in their favor before bids are submitted and an award is made.

In January 2020, the Government Accountability Office (GAO) sustained a pre-award bid protest brought by Noble Supply & Logistics, Inc. that challenged the terms of a General Services Administration (GSA) solicitation.   Noble Supply & Logistics, Inc., B-418141, 2020 WL 289546 (Jan. 16, 2020). Noble Supply argued the RFQ’s price evaluation methodology, as written, failed to provide for an evaluation of which offeror presented the best value and the lowest overall cost alternative, in violation of FAR part 8.

In the RFQ, GSA asked holders of GSA 51V Hardware Superstore Federal Supply Schedule (FSS) contracts to bid on four blanket purchase agreements (BPAs) to provide hardware products and services to four military branches. For its price evaluation factor, the RFQ stated that GSA would evaluate price quotations “to ensure that offered pricing, to include flat rates and tiered volume discounts, is fair and reasonable.”  The RFQ then stated that GSA would not evaluate whether the award was the “lowest-priced technically acceptable” (LPTA), nor would it conduct a “best value tradeoff source selection methodology.” Thus, GSA would only evaluate the quotes for price reasonableness to determine whether prices were unreasonably high.

Noble Supply argued that this price methodology was contrary to 41 U.S.C. sections 152, 8.404(d) and 8.405-3(a), which require GSA to award BPAs to the awardee that provides the “best value and results in the lowest overall cost alternative.”  GAO agreed, explaining that “consideration of the lowest cost is an imperative when using the FSS” and therefore GSA is required to “reach a determination regarding which FSS vendor meets the agency’s needs at the lowest overall cost.” Noble Supply & Logistics, Inc., B-418141, 2020 WL 289546, at *6 (Jan. 16, 2020).

Keep reading this article at: http://www.mondaq.com/Article/891604

Filed Under: Government Contracting News Tagged With: best value, bid protest, BPA, corrective action, FSS, GAO, GSA, LPTA, pre-award protest, price evaluation, resolicitation, selection criteria, solicitation

October 24, 2018 By AMK

FBI drops full and open competition for $5 billion IT recompete

The competitive pool for the FBI’s $5 billion IT commodity and services contract has been shrinking throughout the year and recently got even smaller.

Rather than hold a full and open competition for spots on the Information Technology Supplies and Support Services contract, also known as ITSSS or IT Triple-S, the bureau announced that spots will be awarded to vendors that already hold contracts on the General Services Administration’s IT Schedule 70.

Bureau contracting officials have been scaling back the contract as they’ve gathered market research through requests for information and industry days. After initial rumors the contract would be split into multiple parts for services like cloud computing and cybersecurity, the bureau announced in April that ITSSS would remain a single contract made up of multiple tracks.

The track structure remains in the latest revision, however, the blanket purchase agreement will now only include vendors with pre-vetted tools and services being offered on Schedule 70, further narrowing the competitive pool.

Keep reading this article at: https://www.nextgov.com/it-modernization/2018/10/fbi-drops-full-and-open-competition-5-billion-it-recompete/152031/

Filed Under: Government Contracting News Tagged With: blanket purchase agreements, BPA, bundling, competition, contract consolidation, FBI, GSA, GSA Schedule, IT, recompete, technology

March 9, 2017 By AMK

Navy officially adopts GSA reverse auctions acquisition platform

The Department of the Navy, looking for more efficiency in its acquisition process, has adopted the General Service Administration’s Reverse Auctions eTool to increase savings on commonly purchased office products, equipment and services.

Signing a memorandum of understanding on Jan. 18, 2017, the two parties have extended a longstanding partnership for reverse auction procurements, where sellers compete to win business from agencies with prices decreasing as the competitive auction progresses.

The eTool can be used to facilitate the request for and submission of quotes, offers or proposals for products, services and solutions through GSA Multiple Award Schedules and Blanket Purchase Agreements and Open Market (non-schedule) acquisitions.

Keep reading this article at: http://www.federaltimes.com/articles/navy-officially-adopts-gsa-reverse-auctions-acquisition-platform

Filed Under: Government Contracting News Tagged With: BPA, GSA, MAS, Navy, reverse auctions

August 30, 2016 By AMK

Why agile is still so hard for the government

Getting more of the federal government to buy agile technology services will be anything but quick, analysts say.

Transition to AgileIn the past couple years, pockets of the federal government have tried to promote agile software development, a process in which customers and coders work closely on small chunks of larger tech projects, rapidly spinning out and testing prototypes.

One example is the General Services Administration’s tech consultancy team, 18F, which debuted a pre-approved list of vendors who specialize in this methodology; other groups, including the Homeland Security Department, are following suit. Many private-sector tech recruits, including members of 18F, have made it their mission to eliminate the waterfall approach, in which a product’s requirements are decided upfront and then revisited, often years later, after launch.

Keep reading this article at: http://www.nextgov.com/emerging-tech/2016/08/government-has-way-go-agile/131034

Filed Under: Government Contracting News Tagged With: 18F, agile, BPA, DHS, EPA, GAO, GSA, IT, technology

June 7, 2016 By AMK

Homeland Security wants its own contract vehicle for agile services

The Homeland Security Department wants to jump on the agile bandwagon for its mobile and Web applications.

DHS logoDHS eventually wants to award one agencywide contract to a business that can provide digital design and development, according to the department. For now, it’s gathering information on the best way to award contracts for “agile services,” which use a project management process that breaks large technology projects into smaller sprints.

The request for information about agile services comes a few months after the General Services Administration awarded 17 vendors a spot on its own agile blanket purchase agreement — a pre-approved list of businesses qualified to provide digital development services to other agencies.

Other agencies and departments are not required to use GSA’s agile BPA, which has been halted at least twice by protests from vendors not chosen to be on it.

Keep reading this article at: http://www.nextgov.com/cio-briefing/2016/05/dhs-wants-its-own-contract-vehicle-agile-services/128644

Filed Under: Government Contracting News Tagged With: acquisition workforce, agile, blanket purchase agreements, BPA, DHS, digital services, GSA, GSA Schedule, Homeland Security, IT, technology

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