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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

August 6, 2020 By cs

Industry executive: Defense Production Act small launch contracts should have been competed

The Defense Department caused an uproar when it announced on June 18 it had selected six small launch companies to receive contracts funded under the Defense Production Act, the head of a space industry group said July 22.

“I know there were a lot of complaints on Capitol Hill and within agencies,” said Chuck Beames, executive chairman of York Space Systems and chairman of the SmallSat Alliance, an industry group that represents space companies including several small launch providers.

“Many companies thought it was unfair, why them and why not us?” Beames said during an online event hosted by the Mitchell Institute.

For the small launch contracts, DoD had set aside $116 million appropriated for Defense Production Act Title 3 investments in key sectors of the defense industry financially impacted by the coronavirus pandemic.

Keep reading this article at: https://spacenews.com/industry-executive-defense-production-act-small-launch-contracts-should-have-been-competed/

February 25, 2020 By cs

Contractor successfully uses GAO pre-award protest to modify solicitation

When the terms of a solicitation run contrary to the regulations, challenging the solicitation in a pre-award protest may provide contractors the chance to shift the tide in their favor before bids are submitted and an award is made.

In January 2020, the Government Accountability Office (GAO) sustained a pre-award bid protest brought by Noble Supply & Logistics, Inc. that challenged the terms of a General Services Administration (GSA) solicitation. Noble Supply & Logistics, Inc., B-418141, 2020 WL 289546 (Jan. 16, 2020). Noble Supply argued the RFQ’s price evaluation methodology, as written, failed to provide for an evaluation of which offeror presented the best value and the lowest overall cost alternative, in violation of FAR part 8.

In the RFQ, GSA asked holders of GSA 51V Hardware Superstore Federal Supply Schedule (FSS) contracts to bid on four blanket purchase agreements (BPAs) to provide hardware products and services to four military branches. For its price evaluation factor, the RFQ stated that GSA would evaluate price quotations “to ensure that offered pricing, to include flat rates and tiered volume discounts, is fair and reasonable.” The RFQ then stated that GSA would not evaluate whether the award was the “lowest-priced technically acceptable” (LPTA), nor would it conduct a “best value tradeoff source selection methodology.” Thus, GSA would only evaluate the quotes for price reasonableness to determine whether prices were unreasonably high.

Noble Supply argued that this price methodology was contrary to 41 U.S.C. sections 152, 8.404(d) and 8.405-3(a), which require GSA to award BPAs to the awardee that provides the “best value and results in the lowest overall cost alternative.” GAO agreed, explaining that “consideration of the lowest cost is an imperative when using the FSS” and therefore GSA is required to “reach a determination regarding which FSS vendor meets the agency’s needs at the lowest overall cost.” Noble Supply & Logistics, Inc., B-418141, 2020 WL 289546, at *6 (Jan. 16, 2020).

Keep reading this article at: http://www.mondaq.com/Article/891604

February 11, 2020 By cs

Draft E.O. to ‘Make Federal Buildings Beautiful Again’ causes stir with current, former officials

A draft executive order from the Trump administration would make classical architectural styles “the preferred and default style” for new federal construction projects.

**Draft Executive Order refers to headquarters buildings of the departments of Labor, HHS, and HUD, as being undistinguished, uninspiring, and just plain ugly.**

However, current and former officials who have played a role in federal real property projects have raised concerns over how this preference would impact the function and cost of buildings in the government’s portfolio.

The draft EO, first obtained and reported by Architectural Record, states that the austere Brutalist and modern designs prevalent in Washington, D.C. “fail to satisfy these requirements and shall not be used” for new construction.

The executive order, titled “Making Federal Buildings Beautiful Again,” would also direct the General Services Administration to consider “the feasibility of redesign in a preferred architectural style” when renovating existing federal buildings.

Keep reading this article at: https://federalnewsnetwork.com/facilities-construction/2020/02/draft-eo-to-make-federal-buildings-beautiful-again-causes-stir-with-current-former-officials/

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) has released its Annual Report to Congress summarizing bid protest activity for Fiscal Year 2020.

The Defense Department caused an uproar when it announced on June 18 it had selected six small launch companies to receive contracts funded under the Defense Production Act, the head of a space industry group said July 22.

When the terms of a solicitation run contrary to the regulations, challenging the solicitation in a pre-award protest may provide contractors the chance to shift the tide in their favor before bids are submitted and an award is made.

A draft executive order from the Trump administration would make classical architectural styles “the preferred and default style” for new federal construction projects.

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

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