Today, we heard Joe Jordan, Administrator of the Office of Procurement Policy (OFPP), at a meeting of the Government Affairs Committee of the Professional Services Council (PSC), allude to the statement of guiding principles for the federal acquisition system set forth in FAR 1.102(d). Essentially, … [Read more...]
COURT PROTESTS: ILLEGAL VS. ARBITRARY
Judge Susan Braden of the Court of Federal Claims (COFC) reminds us in a recent opinion of the difference between protests in that court based on a regulatory or procedural violation and award decisions challenged on the grounds that an agency acted in an arbitrary or capricious manner. The protest … [Read more...]
PAST PERFORMANCE NEED NOT BE CONSIDERED
Judge Victor Wolski of the Court of Federal Claims (COFC) observes that past performance of all offerors need not be considered under FAR 15.304(c)(3) and that consideration of past performance in commercial buys is not mandated. He specifically holds that a bidder can waive consideration of its … [Read more...]
The Most Important FAR by Far
By far the most important section in the Federal Acquisition Regulation (FAR), for these trying times in particular, is FAR 15.201. We need to keep reminding ourselves and everyone in the procurement community about it. Following it is the cornerstone of any successful acquisition. 15.201 … [Read more...]
THE MOST IMPORTANT PART BY (IN) FAR
This will be short and sweet. By far the most important section in the Federal Acquisition Regulation (FAR), for these trying times in particular, is FAR 15.201. We need to keep reminding ourselves and everyone in the procurement community about it. Following it is the cornerstone of any … [Read more...]
IN-SOURCING CHALLENGE NEARLY SUCCEEDS
Judge Christine Miller of the Court of Federal Claims (COFC) has just issued an opinion denying injunctive relief to a contractor complaining that the Air Force's decision to in-source work the contractor had been performing violated statutory law. The contractor contended that the Air Force … [Read more...]
Bid Protest News You Can Use
On November 13, the Government Accountability Office made its annual report to Congress which includes the hotly anticipated bid protest statistics report. Ok, not so hotly anticipated, but it is always interesting. Also included in the annual report is a list of cases in which the agency refused to … [Read more...]
GAO no longer to consider 109-461 protests
GAO contends that because the VA won't adhere to its decisions about 109-461, they will dismiss all protests involving 109-461. See related news on VetLikeMe.org VA’s Non-Compliance Under Increased Scrutiny SDVOSB Case Decided in Favor of VA … [Read more...]
“Outcome Prediction” at GAO
In 1996, the Government Accountability Office (GAO), began using a type of alternative dispute resolution (ADR) known as "outcome prediction". It usually takes place after all the parties have thoroughly briefed the issues raised in the original and supplemental protests, an evidentiary hearing has … [Read more...]
Federal Court Denies Aldevra-Type Protest
On Tuesday, November 27, 2012, the US Court of Federal Claims issued a much-anticipated decision in Kingdomware Technologies, Inc. v. United States. Kingdomware filed a protest at the Court challenging the VA’s use of the Federal Supply Schedule (FSS) to procure Emergency Notification Services … [Read more...]
Court of Federal Claims Judge Explains the Sovereign Act Defense
Senior Judge and former Chief Judge Loren Smith of the Court of Federal Claims (COFC) has just written an opinion explaining the sovereign act defense (which the government can raise in contract disputes) and applying it to a particular fact situation. He starts by reminding us that when the … [Read more...]
Ten Protest Rules to Remember
Protests can be filed with the Government Accountability Office (GAO) or in the Court of Federal Claims (COFC). If filed at GAO and a similar case is filed in the COFC, GAO will dismiss the protest case at GAO. If a contractor is unhappy with the result at GAO, it can file a similar protest at … [Read more...]