GAO | The Contracting Education Academy

March 3, 2021 By cs

Microsoft’s president calls for bid protest reforms

After years of pain over the legal battles related to the Joint Enterprise Defense Infrastructure cloud contract, Microsoft is calling on Congress to take a look at the protest process.

During a Tuesday Senate Armed Services Committee hearing on emerging technologies and national security, Microsoft President Brad Smith said it’s time to examine the protest process because it does not keep up with the speed of technological innovation. Smith’s remarks come as continuing legal troubles threaten to sink JEDI, which Microsoft was re-awarded in September.

“We all want to ensure fairness,” Smith said. “And that includes a fair right to be heard. But we could definitely benefit from an accelerated timeline to do so.”

The Defense Department conceived the $10 billion JEDI concept around four years ago, but implementation has been held back because of multiple legal challenges from Oracle, IBM and Amazon Web Services throughout the procurement. Oracle recently filed a petition with the Supreme Court for a review of a decision on its own pre-award JEDI protest.

As it stands, a decision from a federal judge on a motion filed by Microsoft and DoD on portions of AWS’s protest alleging improper political influence in the award process by administration officials is pending.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2021/02/microsoft-president-calls-bid-protest-reforms/172248/

Also see: https://www.defenseone.com/policy/2021/02/should-pentagon-reform-its-bid-protest-rules/172260/

March 1, 2021 By cs

GAO: DoD has increased use of fixed-price-incentive contracts but should assess contributions to outcomes

Department of Defense guidance encourages the use of fixed-price-incentive (FPI) contracts to acquire major weapon systems, where appropriate.

These contracts can provide contractors with incentives to keep costs in check and stay on schedule.

The Government Accountability Office (GAO) found that the DoD’s use of these contracts has increased since 2010; they accounted for about half of all DoD obligations for its major weapon systems in 2019. But the DoD has not assessed whether using these contracts has actually kept costs and schedules in line.

GAO recommended that the DoD assess its use of these contracts.

Over the 10-year period from fiscal years 2010 through 2019, obligations on FPI contracts for major defense acquisition programs (MDAPs) grew to account for almost half of the $65 billion in obligations for fiscal year 2019.

Keep reading this article at: https://www.hstoday.us/federal-pages/government-reports-and-summaries/dod-has-increased-their-use-but-should-assess-contributions-to-outcomes/

See GAO’s full report on this topic at: https://www.gao.gov/products/GAO-21-181

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/

February 16, 2021 By cs

Bid protests: The what, who, when, and where

When thinking about bid protests, it is helpful to first look at the basics.

What is a bid protest,
Who can file a bid protest,
When is a bid protest filed, and
Where is a bid protest filed?

For anyone going through a bid protest, hiring a knowledgeable attorney who is experienced in this area can be beneficial in providing guidance through the process. But as a primer, here is an outline of the what, who, when and where of bid protests involving government contracts.

Keep reading this article at: https://www.jdsupra.com/legalnews/bid-protests-the-what-who-when-and-where-7486301/

January 13, 2021 By cs

Don’t rely on automatic email response, GAO decision warns

Agencies commonly ask offerors to designate a point of contact for communications about the proposal. But what happens if the person the offeror identifies is unavailable when the agency reaches out?

A recent GAO bid protest decision is a cautionary tale and suggests some best practices for offerors.

The GAO’s decision in Ortho-Clinical Diagnostics, Inc., B-418946 (Oct. 23, 2020) involved a Navy RFQ seeking two clinical chemistry/immunoassay laboratory analyzer systems and one laboratory automation system, to provide laboratory testing of patient specimens at the Naval hospital in Jacksonville, Florida.

In December 2019, Ortho-Clinical Diagnostics, Inc. submitted a quotation. In its quotation, Ortho-Clinical identified its Contract Manager as the company’s sole point of contact for any communications regarding the quotation.

The Navy received initial quotations from five companies, including Ortho-Clinical. After reviewing initial quotations, the Navy found that none of them, including Ortho-Clinical’s, were technically acceptable. The Navy elected to open discussions with all five companies to allow them to address the shortcomings in their initial quotations.

Keep reading this article at: https://smallgovcon.com/gaobidprotests/proposal-points-of-contact-dont-rely-on-automatic-email-response-gao-decision-warns/

After years of pain over the legal battles related to the Joint Enterprise Defense Infrastructure cloud contract, Microsoft is calling on Congress to take a look at the protest process.

Department of Defense guidance encourages the use of fixed-price-incentive (FPI) contracts to acquire major weapon systems, where appropriate.

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.

When thinking about bid protests, it is helpful to first look at the basics.

Agencies commonly ask offerors to designate a point of contact for communications about the proposal. But what happens if the person the offeror identifies is unavailable when the agency reaches out?

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