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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/

 

Filed Under: Government Contracting News Tagged With: allegation, award protest, DoD, eligibility, GAO, interested party, misconduct, price fixing, protest, TRANSCOM, U.S. Transportation Command, USTRANSCOM

October 29, 2020 By cs

Pentagon loses 2 bid protests that challenged $7 billion moving contract

The Pentagon will likely need to redo its award of a $7.2 billion contract intended to transform the military’s household goods moving system after two losing bidders won their cases before an independent arbiter on last week.

The Government Accountability Office agreed with numerous challenges two losing bidders brought after U.S. Transportation Command (TRANSCOM) awarded the contract to American Roll-On-Roll-Off Carrier Group (ARC), pulled the contract back for corrective action, changed its mind on the need for corrective action and then re-awarded the contract to the same firm.

GAO hasn’t yet released the full text of its decisions in the bid protests, saying they need to be scrubbed of procurement-sensitive information before they’re made public. But a statement the office issued Wednesday indicated the protest arbiter agreed with nearly all of the legal issues the protesters raised — a highly unusual circumstance in a government bid protest.

Both protestors — HomeSafe Alliance, LLC and Connected Global Solutions, LLC (CGSL) — had argued that ARC should have been ineligible for the award because of prior misconduct by its parent company. GAO appeared to agree with that position, or at least concluded that TRANSCOM didn’t do enough to verify that ARC was a responsible bidder, according to its statement.

Keep reading this article at: https://federalnewsnetwork.com/defense-main/2020/10/pentagon-loses-two-bid-protests-that-challenged-7-billion-moving-contract/

Filed Under: Government Contracting News Tagged With: allegation, award protest, GAO, interested party, misconduct, price fixing, protest, TRANSCOM, U.S. Transportation Command

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/

Filed Under: Government Contracting News Tagged With: allegation, award protest, DoD, GAO, interested party, misconduct, Pentagon, price fixing, protest, TRANSCOM, U.S. Transportation Command

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/

Filed Under: Government Contracting News Tagged With: allegation, award protest, GAO, interested party, misconduct, price fixing, protest, TRANSCOM, U.S. Transportation Command

July 24, 2018 By AMK

How a new contracting tool is shaking up federal procurement

The Government Accountability Office recently upheld a first of its kind protest of a contract awarded under the non-traditional contracting methodology known as other transaction authority.

The protest and GAO’s decision have stirred debate over the future of OTAs and their potential to fundamentally disrupt federal acquisition.

First, some background. OTAs enable certain federal agencies, most prominently the Defense Department, to enter into commercial contracts outside the constraints of the Federal Acquisition Regulation. Historically, OTAs have been used to engage commercial companies during the research and development of new technologies without burdening them with requirements and costs associated with the FAR, which can be a major disincentive for companies to work with the government.

But the attractiveness of OTAs was often limited by the fact that once a selected technology entered final development and production — in other words, was ready for market —  the FAR came back into play, thus obviating some of the very benefits the initial OTA was intended to provide. Advocates have long argued that extending the authority through full production or deployment (known as “production authority”) was the key to their success and to enabling the government’s access to the full range of emerging capabilities.  Two years ago, Congress decided to do just that, at least for Defense.  And that decision has, in turn, been instrumental in the dramatic spike in OTA activity since.

Keep reading this article at: https://www.govexec.com/excellence/promising-practices/2018/07/how-new-contracting-tool-shaking-federal-procurement/149797/

Filed Under: Government Contracting News Tagged With: DIUx, DoD, FAR, GAO, OTA, other transaction authority, U.S. Transportation Command

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