TRANSCOM | The Contracting Education Academy

July 24, 2020 By cs

Two firms renew legal challenges to DoD’s $7 billion moving contract

A Pentagon contract meant to completely overhaul the military’s system for moving service members’ belongings around the world is once again under protest.

The same two companies who had initially challenged the $7.2 billion Global Household Goods Contract (GHC) in May filed new bid protests at the Government Accountability Office (GAO) this week, meaning the contract could continue to be tied up until Oct. 21, the due date for GAO to rule on the latest round of challenges.

GAO dismissed protests by Connected Global Alliance LLC, and HomeSafe Alliance LLC late last month after U.S. Transportation Command pledged to take corrective action on at least one of the issues they raised in their complaints. But less than two weeks later, TRANSCOM announced it wouldn’t be taking any corrective action after all, and re-awarded the contract to the same vendor it initially picked for the award, American Roll-On Roll-Off Carrier Group (ARC).

“The decision to re-award GHC in light of the serious issues raised is extremely disappointing,” Al Thompson, HomeSafe’s CEO said in a statement. “We are confident GAO will agree that errors have been made on a major contract that touches every member of the armed forces and their families.”

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2020/07/two-firms-renew-legal-challenges-to-dods-7b-moving-contract/

See earlier article about this subject at: https://contractingacademy.gatech.edu/2020/07/09/transcom-allegations-unsubstantiated-awards-7-2-billion-contract-to-privatize-household-goods-moves/

July 9, 2020 By cs

TRANSCOM: Allegations ‘unsubstantiated,’ awards $7.2 billion contract to privatize household goods moves

U.S. Transportation Command officials have confirmed their award to a New Jersey company of a $7.2 billion contract to outsource management of service members’ household goods, according to a statement from the command.

Allegations made against the company, American Roll On Roll Off Carrier Group, of Parsippany, N.J., were “unsubstantiated,” TRANSCOM officials said, resulting in the confirmation of the award Monday.

The $7.2 billion contract covers a nine-month transition period and three-year base period. But if all the options are exercised, the contract will be worth about $20 billion over nine years. The contract doesn’t affect service members’ moves currently under way; all household goods moves will continue under the current system, managed by TRANSCOM, until February, 2021.

“Team ARC remains committed to our proposal to provide exceptional customer service to TRANSCOM and the service members,” said ARC CEO Eric Ebeling, in a statement. “We look forward to getting started on the [Global Household Goods Contract.]”

TRANSCOM had previously pulled back the contract for the review, and notified the Government Accountability Office (GAO) of its intent to review the allegations on June 9.

Keep reading this article at: https://www.militarytimes.com/pay-benefits/2020/06/29/transcom-allegations-unsubstantiated-awards-72b-contract-to-privatize-household-goods-moves/

Also see: TRANSCOM offers explanation for reversal on corrective action, but it’s difficult to square with publicly-available evidence at: https://federalnewsnetwork.com/dod-reporters-notebook-jared-serbu/2020/07/dods-7b-household-goods-contract-takes-an-even-stranger-turn/

June 18, 2018 By AMK

GAO sustains Oracle’s ‘other transaction authority’ protest

GAO’s much-anticipated decision in Oracle America, Inc. confirms that GAO will not hesitate to review the details of an agency’s use of its Other Transaction Authority (OTA) in lieu of issuing a procurement contract.

GAO determined that the US Transportation Command (TRANSCOM) both: (a) failed to properly provide for a follow-on production contract in its initial “prototype OTA” instrument, and (b) issued its sole-source production order before the prototype was complete, in violation of the requirements of the statute that provides OTA.

The Oracle decision acts as a shot across the bow to agencies exploring OTA agreements as alternatives to traditional contracting. OTA is not new, but the recent advent of using OTA for follow-on production contracts, combined with increased government interest in using creative alternatives to traditional procurement procedures, has made OTA agreements particularly popular in recent years. While GAO will not review an agency’s award decision once it properly elects to utilize an OTA agreement, GAO will examine the transaction to assess whether the agency properly chose to use an OTA agreement instead of a procurement contract. That is the context in which GAO sustained Oracle’s protest of TRANSCOM’s OTA award. GAO did not seek to limit TRANSCOM’s ability to use OTA, and specifically declined to find that the agency was obligated to use FAR-based procurement. Rather, GAO identified specific process flaws and implied that had the agency written its prototype OTA award slightly differently, and waited slightly longer for completion of the prototype project before issuing its follow-on production order, there may not have been a problem from GAO’s perspective.

The Oracle decision does not prevent any agency from seeking to obtain the flexibility and lower administrative burden that comes with OTA, but instead cautions that GAO will not shy away from policing compliance with the strict letter of the statutory provisions that provide OTA.

Keep reading this article at: http://www.mondaq.com/article.asp?articleid=708740

February 22, 2018 By AMK

Other Transaction Authority: A tool in the toolbox

Last week, the Department of Defense (DoD) issued a five-year, $950 million award to REAN Cloud to provide cloud adoption services to DoD agencies. DoD utilized its Other Transaction Authority (OTA) for the $950 million award as a follow-on to what was originally an OTA award to REAN for migration services valued at approximately $6 million.

The OTA process enables DoD to enter into agreements with industry and/or academia to provide research and development or prototyping work. In particular, the OTA process provides a means for DoD to access nontraditional vendors, such as those who have not engaged in cost contracting for a period of time. These agreements are not contracts, grants, or cooperative agreements, and they are generally exempt from the rules and regulations found in the FAR or DFARS. Recently, Congress expanded this authority for DoD.

When utilized effectively, OTAs can provide many benefits, including reducing red tape, increasing competition, enhancing DoD access to cutting-edge technologies, and allowing for quick implementation of innovative solutions. As with any procurement decision, however, there are many trade-offs that should be considered, especially considering the fact that the OTA process also can be less transparent than a FAR-based contract.

Keep reading this article at: https://federalnewsradio.com/commentary/2018/02/other-transaction-authority-a-tool-in-the-toolbox/

A Pentagon contract meant to completely overhaul the military’s system for moving service members’ belongings around the world is once again under protest.

GAO’s much-anticipated decision in Oracle America, Inc. confirms that GAO will not hesitate to review the details of an agency’s use of its Other Transaction Authority (OTA) in lieu of issuing a procurement contract.

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