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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/

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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

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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/

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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/

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NOAA, NASA launched next-gen satellite with known issues, scrubbed performance metrics from contract

The main instrument of the GOES-R next-generation satellite constellation wasn’t working before launch but officials sent it into space anyway.

Persistent problems with the premier sensors of the GOES-R series satellites — designed to provide the next generation of weather observation for North America — were identified before launch and not properly tested or resolved, according to a new inspector general report.

Further, the Commerce Department IG found evidence that program managers changed the evaluation criteria for the contractor after the issues were identified—metrics that would have led to a 40-75% reduction in payment had they remained.

The $11 billion GOES-R series of satellites includes GOES-16—launched November 2016—and GOES-17—launched March 2018—as well as the pending GOES-T and GOES-U still in production. The satellite constellation is equipped with a set of next-generation sensors to better predict weather patterns, including the Advanced Baseline Imager, or ABI, the “most essential instrument for mission success of the GOES-R satellites,” according to the IG.

However, shortly after GOES-17 entered orbit, the cooling system for the ABI instrument malfunctioned, “severely degrading” the amount of data the satellite could collect, NOAA officials said at the time.

“This is a serious problem,” Steve Volz, administrator of the National Oceanic and Atmospheric Administration’s National Environmental Satellite, Data and Information Service, or NESDIS, said during a May 2018 briefing with reporters. “This is the premier Earth-pointing instrument on the GOES platform and the 16 channels … are important elements of our observing requirements.”

Keep reading this article at: https://www.nextgov.com/emerging-tech/2019/08/ig-noaa-nasa-launched-next-gen-satellite-known-issues-scrubbed-performance-metrics-contract/159276/

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