evaluation criteria | The Contracting Education Academy

March 18, 2016 By AMK

GAO further clarifies its rule on differing technical re-revaluations

It is not surprising that after four protests of the same task order, three corrective actions by the agency, and four evaluations of technical proposals, the final evaluation ratings may differ from prior evaluations.

Such variations are not necessarily improper as the GAO made clear in a recent protest.

On January 29, 2016, the GAO released a decision denying a protest filed by MILVETS Systems Technology, Inc., B-409051.7; B-409051.9. The procurement history at issue in MILVETS was complicated, beginning with the release of the solicitation by the Department of Agriculture (“USDA”) in July 2013. In sum, two consecutive awards were made to MILVETS and each was protested, causing the USDA to take corrective action twice by reevaluating technical proposals.

After the second award to MILVETS was protested, the USDA assembled a new technical evaluation panel (“TEP”) and source selection authority (“SSA”) that had no knowledge of the first two evaluations. The new TEP reevaluated quotations and the new SSA awarded a task order to DKW Communications, Inc. MILVETS protested the third award, causing the USDA to take yet another round of corrective action by amending the solicitation and seeking revised quotations.

Keep reading this article at: http://govcon.mofo.com/protests-litigation/gao-clarifies-rule-on-differing-technical-reevaluations/

January 16, 2015 By AMK

Company excluded from competition protests $5 billion Army IT contract

A $5 billion Army contract program for information technology that’s almost two years behind schedule could be delayed even longer, as at least one company excluded from the competition files a protest in a federal court.

MicroTechnologies LLC of Virginia confirmed it filed a protest Jan. 9 in the U.S. Court of Federal Claims against the Army’s decision to exclude the company’s bid for the Information Technology Enterprise Solutions-3 Hardware program, or ITES-3H, to supply the Army commercial IT hardware.

While all documents in the case are sealed, MicroTech General Counsel and Chief Administrative Officer Aaron Drabkin said the grounds mirror those included in its protest filed with the Government Accountability Office (GAO), which was denied in October 2014. The company raised several challenges to the agency’s evaluation of its past performance.

Keep reading this article at: http://www.bizjournals.com/washington/blog/fedbiz_daily/2015/01/microtech-protests-5b-ites-3h-contract-in-federal.html

December 4, 2014 By AMK

GAO report reveals bid protests continue to increase

The U.S. Government Accountability Office (GAO) has released its annual report on bid protests filed during the year and their disposition. The latest report (B-158766, dated November 18, 2014) covers FY 2014.

The report reveals that the number of bid protests continue to be on the upswing while the number of protests ruled to have merit is declining. In addition, the overall “effectiveness rate” (i.e., where the agency involved grants some type of remedy or corrective action in response to the protest) remains flat.

Statistical details derived from the recent GAO report, compared to reports from the previous four years, can be seen in the chart below.

The number of cases filed in FY 2014 – 2,445 bid protests, 50 cost claims, and 66 requests for reconsideration – were up by 5% compared to FY 2013. Of the total cases filed, only 556 were decided on their merits, and only 72 (or 13%) were sustained.

The most prevalent reasons for sustaining protests were: failure to follow evaluation criteria, flawed selection decisions, unreasonable technical evaluations, and unequal treatment.

Alternative dispute resolution (ADR) was used in only 96 cases.

The GAO report reveals that while protesters faced a decreased likelihood of success on the merits in a final decision from the GAO, agencies appeared to be slightly more inclined to take corrective action than in years past. In the end, nearly half of all protesters were afforded some type of relief.

What these data do not specifically address is that the majority of protests do not reach a decision on the merits due to voluntary corrective action. Corrective action is commonly taken voluntarily by agencies because of flaws in evaluating bids and proposals. This has implications for both potential protestors and agencies in post-award debriefings.

A copy of the GAO’s latest bid protest report can be downloaded here: GAO Bid Protest Annual Report to Congress – FY 2014

February 27, 2014 By AMK

5 tips for hiring federal contractors

The process of hiring a government consultant/contractor isn’t easy, and most federal leaders and managers have to do it at some point in their career. Maybe they can’t get hiring authority to bring in new people. Maybe they need to jump start a new project or program with skills that aren’t available inside their office or agency. It’s a big decision, and many managers, especially those doing it for the first time, are uncertain about how to move forward.

Here are five tips to help make federal leaders more educated buyers:

1. Take some time to think about the problem and put aside the solution for a bit.

2. Talk to a few different trusted companies.

3. Understand procurement vehicles.

4. Pay attention to the evaluation criteria and personnel qualifications.

5. Keep another company in the wings.

See the details associated with each of these five tips and read the complete article at: http://www.govexec.com/excellence/promising-practices/2014/02/5-tips-hiring-federal-contractors/78884

It is not surprising that after four protests of the same task order, three corrective actions by the agency, and four evaluations of technical proposals, the final evaluation ratings may differ from prior evaluations.

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