protest | The Contracting Education Academy

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/

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/

January 12, 2021 By cs

Majority of FY20 protests find some success at GAO

The Government Accountability Office (GAO) has released its Annual Report to Congress summarizing bid protest activity for Fiscal Year 2020.

The report shows that, in a unique year where COVID-19 altered procurement practices and priorities, protest activity at GAO was remarkably stable. Of note, GAO’s “effectiveness rate” this year topped 50 percent, meaning most protests resulted in some form of relief. The number of task order protests continues to increase, despite a modest dip in overall protests. Unsurprisingly, again there were very few hearings.

The chart below summarizes the GAO protest statistics from FY 2015 to FY 2020.

Keep reading this article at: https://governmentcontractsnavigator.com/2020/12/29/majority-of-fy-2020-protests-find-some-success-at-gao/

See the GAO’s full report here: https://www.gao.gov/products/GAO-21-281SP

January 4, 2021 By cs

Judge sides with Navy in latest challenge to $7.7 billion NGEN contract

A federal court has ruled against Perspecta in a lawsuit that sought to overturn the Navy’s latest iteration of its Next Generation Enterprise Network contract, likely clearing the way for work to begin on one of the largest information technology contracts in government history.

The precise reasons behind Judge Loren Smith’s final judgement in the case aren’t yet known, because he filed his opinion under seal — a common practice at the Court of Federal Claims to protect sensitive acquisition information. A public version of the document is expected by early January.

The lawsuit was over the Navy’s award of the larger of two contracts that make up its latest recompetition of NGEN, known as Service Management, Integration and Transport. The Navy awarded SMIT, valued at up to $7.7 billion over eight years, to Leidos in February.

“The Department of the Navy is pleased to be able to move forward with this critical program in support of our Navy and Marine Corps warfighters,” Ruth Youngs-Lew, the Program Executive Officer for Digital and Enterprise Information Systems said in a statement. “This contract will enable the DON to accelerate digital modernization of our enterprise networks, which are the foundation for the Department of Navy business.”

Keep reading this article at: https://federalnewsnetwork.com/navy/2020/12/judge-sides-with-navy-in-latest-challenge-to-7-7-billion-ngen-contract/

November 12, 2020 By cs

DoD’s $7.2 billion moving contract included ‘pervasive’ violations of procurement rules

The Government Accountability Office (GAO) overturned the Defense Department’s $7.2 billion contract to move service members’ household goods around the world because of what the independent bid arbiter called “pervasive” errors in the contracting process that prejudiced two losing bidders, according to two newly-released legal decisions.

GAO found U.S. Transportation Command, the agency responsible for the new Global Household Goods contract (GHC), ran afoul of federal contracting rules in no less than five key areas, beginning with serious questions about whether TRANSCOM’s chosen bidder, American Roll-On Roll-Off Carrier Group (ARC), was eligible to win the contract in the first place.

The redacted decisions shed new light on the office’s rationale for telling TRANSCOM it should reevaluate bids in the GHC procurement. GAO first announced its verdict in two protests that challenged the GHC award on Oct. 21.

Both of the losing bidders who protested the contract award — HomeSafe Alliance and Connected Global Solutions — alleged that ARC wasn’t eligible for the contract because its parent company had a recent history of criminal and civil misconduct that it failed to disclose.

GAO didn’t explicitly agree with that position, but did find that TRANSCOM hadn’t done nearly enough of an investigation to credibly come to the conclusion that ARC was a responsible contractor.

Keep reading this article at: https://federalnewsnetwork.com/defense-news/2020/11/dods-7-2b-moving-contract-included-pervasive-violations-of-procurement-rules/

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.

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?

The Government Accountability Office (GAO) has released its Annual Report to Congress summarizing bid protest activity for Fiscal Year 2020.

A federal court has ruled against Perspecta in a lawsuit that sought to overturn the Navy’s latest iteration of its Next Generation Enterprise Network contract, likely clearing the way for work to begin on one of the largest information technology contracts in government history.

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