Agency Level Bid Protests         GAO Bid Protests        

Fri Jun 29 2018

GSA Implements Steps To Enhance SAM Security

The General Services Administration (GSA) has implemented a number of steps to address suspected fraudulent activity in the System for Award Management (SAM). The first system modifications took effect on March 22, 2018, followed by further updates effective April 27th, June 11th and June 29th, 2018, respectively. Under the modifications, non-federal entities creating, renewing or updating their SAM registration profiles must now submit a a signed, notarized letter to the Federal Service Desk to complete the registration process within 30 days of activation. GSA has also implemented a new two-factor login authentication process that takes effect across all accounts on June 29th, 2018


Fri Jan 12 2018

Incurred Cost Audits May Be Performed By Private Auditors

Section 803, Performance of Incurred Cost Audits: Because the Defense Contract Audit Agency (DCAA) has an overwhelming backlog of audits, “the secretary of defense shall use qualified private auditors to perform a sufficient number of incurred cost audits of contracts of the Department of Defense to eliminate, by October 1, 2020, any backlog of incurred cost audits of the Defense Contract Audit Agency; ensure that incurred cost audits are completed not later than one year after the date of receipt of a qualified incurred cost submission; [and] maintain an appropriate mix of government and private sector capacity to meet the current and future needs of the Department of Defense for the performance of incurred cost audits...Not later than April 1, 2019, the secretary of defense or a federal department or agency authorized by the secretary shall award a contract or issue a task order under an existing contract to two or more qualified private auditors to perform incurred cost audits of costs associated with contracts of the Department of Defense.”


Fri Dec 01 2017

Government Contractor Convicted of Major Fraud against the United States

According to the indictment, M. Cleve Collins, aka Milton Cleve Collins aka Cleve Collins, 54, executed a scheme to defraud the United States on a construction contract valued at approximately one and one-half million dollars administered by the General Services Administration for the replacement of the roof and the air conditioning system at the Ed Jones Federal Courthouse and Post Office in Jackson, TN.


Recent Cases


Mon Jun 04 2018

Bid Protest By EFS Ebrex SARL Is Sustained By GAO

Agencies are required to evaluate proposals based solely on factors identified in the solicitations that they issue. Furthermore, agencies must adequately document their evaluation conclusions when awarding contracts. In this case, EFS EBrex Sarl (Ebrex) asserted that DHS's proposal evaluation process and source selection decision were based on unstated evaluation factors, and that that DHS failed to conduct meaningful discussions towards the contract award. The GAO sustained Ebrex's protest, stating that DHS's source selection plan included undisclosed benchmarks that could not have been reasonably known or understood by offerors, and that the discussions held towards contract award where not meaningful in disclosing relevant evaluation factors.


Tue May 22 2018

Bid Protest By Sikorsky Aircraft Was Untimely, Timely & Premature All At Once

Sikorsky Aircraft Corp. filed seven grounds of protest on the Air Force's solicitation to replace the UH-1N helicopter. Sikorsky filed its protest after proposal submissions but before contract award. GAO acknowledged that while its rules generally encourage filing a protest as early as possible, the "debriefing exception" encourages protesters to await additional facts about an agency's actions before filing a protest. With that underlying tension driving the review process, GAO dismissed some of the protester's grounds as untimely, some as timely, and some as premature. GAO denied the protest in part, and dismissed it in part.


Mon Jul 03 2017

Bid Protest: NASA; Insufficient Documentation To Support Source Selection Decision

GAO has sustained a bid protest on a funding decision by NASA under the Small Business Innovation Research (SBIR) Program. Among other things the protester, Global Aerospace Corporation (Global), challenged NASA's evaluation on the merits of its R/R&D proposal for a winged glider for the atmospheric exploration of Titan, the largest moon of the planet Saturn. Global alleged that NASA’s not decision not only lacked reasonable documentation but also demonstrated a lack of understanding of key technical details of the proposal.