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May 3, 2019 By AMK

GAO: Agencies must consider information gathered by reverse auction providers

What are federal contractors supposed to do when FedBid (now Unison) requests additional information related to a proposal and the awarding agency ignores that information in its awarding decision?

GAO recently held that the agency must consider all information gathered by reverse auction providers.

In BCW Group, LLC, B-417209, 2019 WL 1398813 (Comp. Gen. Mar. 27, 2019), BCW protested the Department of Interior, Bureau of Indian Affairs’ award to another offeror. The award was the result of a reverse auction conducted by FedBid, on behalf of the agency.

The reverse auction was for work related to procurement, installation, and maintenance of Promethean ActivPanels, or other similar products. BCW’s bid included a general verification that it complied with “all terms listed by the Buyer[,]” but the bid did not specifically state that it included the required one-year maintenance. At the close of the reverse auction, a representative of FedBid reached out to BCW asking the following:

Is your bid price correct, complete (meaning all items requested are included in your bid) and inclusive of all costs the Buyer would incur if your bid is selected?

In response, BCW confirmed that the price included, among other things, “once a year maintenance for 3 years on the panels I install.”

The agency subsequently reviewed the five submitted bids and chose a different offeror because BCW’s offer, although lower priced, did not specifically mention the required maintenance. The agency did not review the exchange between FedBid and BCW, where BCW confirmed that maintenance was included in its offer, because the contracting officer was “not aware that FedBid” had the post-bid exchange with BCW regarding the maintenance issue. BCW protested that its lower priced bid should have been accepted because it met the procurement requirements.

Keep reading article at: www.smallgovcon.com/gaobidprotests/gao-agencies-must-consider-information-gathered-by-reverse-auction-providers

Filed Under: Government Contracting News Tagged With: bid protest, FedBid, GAO, Interior Dept., reverse auction, Unison

June 30, 2015 By AMK

Long-time in coming, OFPP reverse auction memo rings hollow

Anne Rung, OFPP administrator, has released a six-page policy memo basically reminding agencies of best practices to keep in mind when using this tool.

But the only real instruction to agencies is for them to send her office a point of contact by July 10.

“OFPP seeks to work with agencies to identify the essential management data points (e.g., price paid for item, fees paid (if any), number of bidders and level of interactive bidding) and mechanisms for collecting and aggregating information in a manner that leverages technology and avoids the need for manual collection,” Rung wrote in the memo. “For your awareness, as a further step, the Federal Acquisition Regulatory Council will open a case to develop coverage on the use of reverse auctions in the Federal Acquisition Regulation and will address the guidance in this memorandum, as appropriate.”

How A Reverse Auction Works

The rest of the memo doesn’t necessarily address any of the long-held concerns by the Government Accountability Office, lawmakers and vendors.

Keep reading this article at: http://www.federalnewsradio.com/517/3875528/Long-time-incoming-OFPP-reverse-auction-memo-rings-hollow

Filed Under: Government Contracting News Tagged With: competitive bid, FAR Council, FedBid, GSA, lowest price, OFPP, reverse auctions

February 24, 2015 By AMK

AF lifts suspension of reverse auctioneer FedBid

Just a few weeks after the Air Force suspended contracts with FedBid, a Vienna, Va. reverse-auction company and requested the company’s debarment, the service lifted the suspension after reaching an administrative agreement, according to a Feb. 20, 2015 Air Force document.

The suspension stems from a Veterans Affairs Department inspector general report that said Susan Taylor, Veterans Health Administration deputy procurement officer, pressured staff repeatedly in emails to speed up the acquisition process and pick FedBid for the reverse auction contracts.

The IG report says Taylor, “improperly disclosed non-public VA information to unauthorized persons, misused her position and VA resources for private gain, and engaged in a prohibited personnel practice when she recommended that a subordinate senior executive service employee be removed from SES during her probation period.”

The agreement will end both the suspension and debarment proceedings as long as FedBid “maintains the business honesty and integrity required of a government contractor and that the company operates in strict compliance with all applicable laws, regulations and terms of its governance contracts and subcontracts.”

Keep reading this article at: http://www.fiercegovernment.com/story/air-force-lifts-suspension-fedbid/2015-02-23

Filed Under: Government Contracting News Tagged With: AF, Air Force, business integrity, debarment, FedBid, IG, reverse auctions, suspension, VA

January 30, 2015 By AMK

Air Force suspends, begins debarment process of reverse-auctioneer FedBid

The Air Force has suspended FedBid from federal procurement activity, both new contracts and follow-ons, as of Jan. 26, 2015 and proposed the reverse auction company for debarment.

FedBid’s listing in the System for Award Management (SAM) says the Air Force suspended and is proposing debarment with proceedings pending.

The Air Force wrote in the listing on SAM that it deemed FedBid ineligible for new contracts or follow-on deals “based upon adequate evidence of conduct indicating a lack of business honesty or integrity, or a lack of business integrity, or regulation, statute, executive order or other legal authority, pending completion of an investigation and/or legal proceedings.”

“As promised in our previous reporting on VA’s contracting and relationship with FedBid, the OIG referred FedBid to the Interagency Suspension and Debarment Committee for an independent decision whether the company should be debarred. Through the Committee’s processes the Department of the Air Force agreed to be the lead agency,” said an VA OIG spokesperson in an email to Federal News Radio.

Keep reading this article at: http://www.federalnewsradio.com/395/3789803/Air-Force-suspends-begins-debarment-process-of-FedBid–

Filed Under: Government Contracting News Tagged With: Air Force, business integrity, debar, debarment, FedBid, fraud, IG, procurement integrity, retaliation, reverse auctions, SAM, suspension, VA, whistleblower

October 21, 2014 By AMK

VA contracting official resigns amid agency’s attempt to fire her

A top Department of Veterans Affairs contracting officer who allegedly steered work to a Virginia firm resigned Tuesday, eight days after the agency announced that it had begun the process of firing her.

Susan Taylor, the Veteran Health Administration’s No. 2 contracting official, said in an e-mail to employees that she decided to “resign and retire,” effective Oct. 14. She has worked with the federal government for 29 years, spending four of them with the VA.

“I will definitely miss the terrific staff I have had at VHA, both at headquarters and in the field nationwide, but I know that you will continue to admirably serve our veterans through your dedicated service,” Taylor wrote. She also indicated that the VA is trying to recruit a replacement for her.

The VA inspector general’s office said in a report last month that Taylor helped steer a contract to Vienna-based FedBid and worked with the government-services company to overturn an agency moratorium on work by the firm, in addition to interfering with an investigation of the matters.

keep reading this article at: http://www.washingtonpost.com/blogs/federal-eye/wp/2014/10/14/va-contracting-official-susan-taylor-resigns-amid-agencys-attempt-to-fire-her/

Filed Under: Government Contracting News Tagged With: abuse, Energy Dept., FedBid, fraud, IG, influence, VA

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