proposal evaluation | The Contracting Education Academy

September 8, 2020 By cs

GAO affirms denial of protest by contractor who failed to submit an adequately written proposal

The Government Accountability Office (GAO) recently denied a protest brought by a contractor who failed to submit an adequately written proposal for the award of a federal contract.

In Patriot Defense Group, LLC (B-418720.3, August 5, 2020, 2020 WL 4501318), the decision breaks no new ground legally but it serves as a timely reminder of how failure to identify the assumptions upon which a proposal is based will yield a disappointing result.

The details of this case begin with the Request for Proposals (RFP).

The U.S. Special Operations Command issued a request for proposals for multiple indefinite delivery/indefinite quantity (IDIQ) contracts to provide a variety of professional, technical, management, and administrative services. The RFP recited that an award would be made to all “qualifying offerors,” defined as offerors that received a pass rating for administrative and responsibility matters, an acceptable rating for an IDIQ evaluation factor, and a substantial confidence rating for past performance.

Among other things, offerors were required to submit a minimum of three past performance information sheets for contracts which were relevant to each offeror’s ability to perform the work described in the RFP. Prior contracts were to be assigned past performance relevancy ratings. The RFP warned offerors that they were required to include a rationale supporting the assertion of relevance. They were also to describe in detail how the company’s past performance on each contract applies to the “relevancy criteria” identified in the RFP.

Keep reading this article at: https://www.mondaq.com/unitedstates/government-contracts-procurement-ppp/982362/gao-affirms-denial-of-protest-by-contractor-who-failed-to-submit-an-adequately-written-proposal

January 23, 2020 By cs

NDAA requires COs to provide information to unsuccessful offerors for task and delivery orders less than $5.5 million

The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders.

Currently, FAR Part 16 only requires a debriefing be provided for task and delivery orders valued over $5.5 million.

The FY 2020 NDAA requires FAR Part 16 be revised to require that Contracting Officers provide information to unsuccessful offerors on contracts above the Simplified Acquisition Threshold but below $5.5 million.

This new information could prove invaluable for contractors hoping to gain insight and improve their proposals for future opportunities.

The annual National Defense Authorization Act (NDAA) has long been used to impose government-wide procurement reforms. The recently enacted NDAA, signed by President Trump on December 20, 2019, continues this practice, by requiring agencies to provide unsuccessful offerors on smaller dollar task or delivery orders above the Simplified Acquisition Threshold an explanation as to why their proposal was unsuccessful as well as the rationale for the award.

Keep reading this article at: https://www.jdsupra.com/legalnews/ndaa-requires-contracting-officers-to-30028/

January 10, 2020 By cs

After 2 years, JEDI is finally underway

The second year of competition for the Pentagon’s controversial cloud contract was as dramatic as the first.

The Pentagon’s high-profile Joint Enterprise Defense Infrastructure (JEDI) cloud contract is right back where it was one year ago: tied up in litigation.

The circumstances have changed in the past calendar year, with Microsoft winning JEDI in October and former favorite to win the contract, Amazon Web Services, protesting the decision in the U.S. Court of Federal Claims.

At best, the Defense Department and Microsoft cannot begin work until at least mid-February, putting the Pentagon more than a year behind its initial schedule for JEDI. An internal JEDI strategy document released in November 2017 sought a JEDI award in fourth quarter of 2018 and migrations to the cloud platform by the beginning of 2019.

And yet, what unfolded in 2019 was high drama in the federal contracting world over an improbably high-profile government contract.

Keep reading this article at: https://www.nextgov.com/it-modernization/2019/12/after-two-years-jedi-finally-underway/162005/

December 20, 2019 By cs

Mixing politics and procurement creates a toxic brew

If elected officials are allowed to influence government contracting decisions it won’t end well for the public.

Imagine this: You are a mid-career government acquisition professional responsible for making an award decision on a contract worth over $400 million. As you evaluate the bids you also can’t help but see and hear the president of the United States openly advocate for one bidder. You’ve already heard, directly or through channels, that one or more U.S. senators are also pressing for this company to get the award. What are you going to do?

This is the heart of the controversy swirling around the recent award of a border wall contract to a North Dakota company for which the president and at least one senator publicly advocated. Was the award politically influenced? Is the company the best positioned to build this portion of the border wall along the southwest border? Since the company was deemed unqualified on more than one previous occasion, one has to wonder: Has the company taken significant steps forward in its capabilities to the point where it is now best suited to the requirements of the contract?

Of course we don’t know the answers to any of those questions. Neither does the president or the senator. And we may only get answers should another bidder protest the award and the questions are litigated. But that’s not actually the biggest concern this incident raises. The biggest concern is that we even have to have this discussion.

Keep reading this article at: https://www.govexec.com/management/2019/12/mixing-politics-and-procurement-creates-toxic-brew/161729/

November 14, 2019 By cs

Bid protests hit 10-year low

Companies filed 16% fewer bid protests in fiscal 2019 than the year prior.

According to data released last Thursday by the Government Accountability Office (GAO), vendors filed 2,198 protests in fiscal 2019, 16% fewer than were filed in the previous year. Fiscal 2019’s total represented 22% fewer protests than GAO’s 10-year high-water mark—the 2,789 filed in fiscal 2016.

According to GAO, the agency closed 2,200 cases in fiscal 2019 and sustained 77 of the 587 total decisions decided on merit. Fiscal 2019’s 13% sustain rate—wherein GAO agrees with the bid protestor—was its lowest since fiscal 2015. A large number of bid protests are resolved when agencies agree to take corrective action rather than GAO carrying the protest to full conclusion.

Keep reading this article at: https://www.nextgov.com/cio-briefing/2019/11/bid-protests-hit-10-year-low/161168/

The Government Accountability Office (GAO) recently denied a protest brought by a contractor who failed to submit an adequately written proposal for the award of a federal contract.

The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders.

The second year of competition for the Pentagon’s controversial cloud contract was as dramatic as the first.

If elected officials are allowed to influence government contracting decisions it won’t end well for the public.

Companies filed 16% fewer bid protests in fiscal 2019 than the year prior.

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