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Our review shows that the most prevalent reasons for sustaining protests during the 2024 fiscal year were: (1) unreasonable technical evaluation; (2) flawed selection decision; and (3) unreasonable cost or priceevaluation,” GAO wrote in its report. “It In 2024, GAO heard 346 protests, which is down from 368 in 2023.
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government Contractors. 3] TINA defines cost or pricing data to mean all facts that, as of the relevant date, a prudent buyer or seller would reasonably expect to affect price negotiations significantly. [4]
By: Richard Arnholt On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias.
From 2019 to 2022, the sustain rate hovered around 13-15%. The report details the most popular reasons for sustaining protests over the prior year: 1) unreasonable technical evaluation; 2) flawed selection decision; and 3) unreasonable cost or priceevaluation. Increase in the sustain rate. Most prevalent protest grounds.
Here are some key points from this year: (1) the key effectiveness metric, showing numbers of sustains and corrective actions at GAO, was similar to prior years at 52% for the 2024 fiscal year and (2) total bid protest numbers were down slightly from 2023 but a little above the number for 2022. Numbers are still lower than in 2021 and 2020.
On November 16, 2023, the General Services Administration issued a proposed rule updating the General Services Acquisition Regulation (GSAR) Federal Supply Schedule Economic Price Adjustment (EPA) clauses. limits on the timing and number of price adjustments). Pricing context is dependent on accurate, relevant data.
chairman of Homeland Security and Governmental Affairs Committee, and Joni Ernst (R-Iowa), ranking member of the Small Business and Entrepreneurship Committee, are trying to correct a misunderstanding of congressional intent when it comes to how and when agencies should consider price when reviewing proposals for contracts.
This is up from 1658 in 2022 and 1897 in 2021. Compared to 2022, total protests are up about 22%. And unlike last year, all agencies followed GAO’s recommendations in connection with bid protests. GAO Protest Numbers 2025 cases including 1,957 protests. 608 – Number of cases decided on the merits, rather than through dismissal.
On November 16, 2023, GSA issued a proposed rule updating the General Services Acquisition Regulation (GSAR) Federal Supply Schedule Economic Price Adjustment (EPA) clauses. The rule proposes to remove “certain economic price adjustment requirements within these clauses to better align with commercial standards and practices.”
GAO’s statistics from Fiscal Year 2022 showed a relatively steady sustain rate percentage hovering between 13% and 15% of the decisions on the merits. Improper Technical/Past Performance Evaluations Unsurprisingly, topping the list with the most sustains were challenges to the evaluation of the technical or past performance evaluations.
These regulations and associated guidance address a host of contracting officer responsibilities, including but not limited to, proposal evaluation, negotiations, price and/or cost analysis, data rights, and foreign acquisition ( e.g. , TAA). For this reason, procurement policy flow-downs cannot be one-sided. It does not.
BCG protested several evaluation factors in the solicitation, including the requirement for offerors disclose breakdowns of their proposed labor rates. GSA said this requirement was to ensure price reasonableness of the services any one company is offering. Comments on the draft PWS and details about pools 2 and 3 are due by Feb.
This was a 22% increase compared to FY 2022. The GAO sustain rate increased substantially from 13 percent in FY 2022 to 31 percent in FY 2023. GAO’s two year average sustain rate in FY 2022-2023 was 22 percent. This compares with a two year average sustain rate of 9.71 This compares with a two year average sustain rate of 9.71
The total number of protests filed and the number of protests sustained by GAO increased significantly compared to Fiscal Year 2022—and GAO’s “Sustain Rate” jumped to 31%. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2023.
Many national and international certifications exist to assist in developing requirements or evaluating proposals with green purchasing components or goals. According to a Statistica report, 62 million metric tons were generated worldwide in 2022 as the volume of discarded electronic material has nearly doubled since 2010.
The question disappointed healthcare contractors should ask is whether the agency acted unreasonably in its evaluation and selection of the awardee. When an agency deviates from the solicitation’s stated evaluation plan, this is a powerful ground for protest. See also Onesource PCS, LLC , B-419222, 2021 WL 131280 (Jan.
This green fiscal agenda was subject of discussions during the Platform’s technical dialogues and meetings since the Platform’s launching in August 2022. Recently this instrument has been successfully applied in Belize (2021), Barbados (2022) and Ecuador (2023), with active IDB participation in the last two cases.
After evaluating proposals, the Navy determined that the proposal by Silas Frazier Realty, LLC (SFR) was the lowest-priced technically acceptable offer and should receive award. Apparently, offerors did not submit pricing with their offers for the Seaport NxG MAC.
Should this extension go through, it would push the expiration date of CIO-SP3 more than two years past the original sunset date of May 2022. He said NITAAC likely will not use a self-scoring sheet, and it will be based on best value evaluation factors and not lowest-price, technically acceptable (LPTA). “We
In 2022, Intelsat collaborated with Amazon Web Services (AWS) to complete the post-acquisition domain migration from Gogo without impacting inflight experiences and other operations. Given the complexity of a post-acquisition environment, the scope of work is not always clear at the beginning of such a project.
David Berteau Well, the year it expired in 2022, companies were still implementing it on the assumption that it would be renewed. How does the government evaluate that? Eric White What adjustments have contractors had had to make over the past couple of years with that tax credit expiring? So, but how do you verify that in a proposal?
Suppliers told the NAO that high bid costs, lack of confidence in evaluation and a lack of feedback had detered them from bidding on future Government contracts. For example, in 2022, only 5 of 16 UK Government departments published a complete set of contract data.
The Umucyo platform is used by 1194 government agencies down to district hospitals – an increase from just over 200 in 2022 – with more than 13,800 suppliers and 26,800 contracts awarded. It’s easier to evaluate the suitability of suppliers now, since information about their past projects can be checked in the e-GP system.
During a recent Ivalua webinar, Andrew Bartolini, Founder and Chief Research Officer at Ardent Partners, shared research and insights about the state of procurement in 2022 and key metrics that matter. Last year’s actual average savings was down 18% to just 6%, and in 2022, it stands at about 6.1%. Inflation Metrics. Risk Metrics.
These regulations and associated guidance address a host of contracting officer responsibilities, including but not limited to, proposal evaluation, negotiations, price and/or cost analysis, data rights, and foreign acquisition ( e.g. , TAA). For this reason, procurement policy flow-downs cannot be one-sided. It does not.
So it started back in 2021 when the agency put out the RFP the first time, 2022. It wasn’t on the pricing. Usually when you get to the point where you’re arguing that the agency’s technical evaluation was wrong, it’s often subjective and you’re likely to lose. Zach Prince Yeah, that’s right.
In the underlying investment treaty arbitration, Clorox sought compensation for the alleged expropriation and unfair treatment of its investment by Venezuela, through the enactment of price controls and currency exchange restrictions, and the nationalization of its assets. decision 4A_398/2021 of 20 May 2022, para.
In this regard, GAO found that “the underlying evaluation record does not support a conclusion that OPM evaluated [the awardee’s] quotation in a manner consistent with the terms of the solicitation.” Although evaluations under FAR Subpart 8.4 121.404, concerning when a firm’s size status is determined. 121.404(a)(1)(ii).
Postal Price Increases – The Postal Services framework terms allow for price reviews aligned to the date at which Royal Mail retail price increases take effect. Revised Pricing Schedules have been uploaded within the Framework Agreement documentation, including full terms & conditions available from the Knowledge Hub.
Authored by Ryan Roberts and Daniel Alvarado, Sheppard Mullin In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the decision of the Civilian Board of Contract Appeals (“CBCA”) in Avue Technologies Corp.
Postal Price Increases – The Postal Services framework terms allow for price reviews aligned to the date at which Royal Mail retail price increases take effect. Revised Pricing Schedules have been uploaded within the Framework Agreement documentation, including full terms & conditions available from the Knowledge Hub.
On November 20, tables include: GSA MAS PMO GSA Pricing Tools Ask the Med/Surg Supply BPAs Ask the SAM.gov PMO VA Federal Supply Schedule (FSS) To view the draft agenda for the governmentwide day, click here. October 28 : Webinar: 2024 (2025 FCPs) Public Law Pricing Update for Covered Drugs – Click here to register. Avenge, Inc. ,
2023 The current COMET contractor said one big question they will be paying attention to as the acquisition continues to develop is how GSA will evaluate small businesses. Source: GSA industry day slides, Sept. Absolute Strategic Technologies filed a second protest around Polaris on Nov. to 1.9,” Huth said about the pilot.
158 (2022) , includes detailed analysis of several legal issues familiar to contractors facing challenging subsurface conditions on a federal construction contract. The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed.
This ruling follows the Court’s August 2022 decision in Hydraulics Int’l (discussed in a previous Legal Update ) finding jurisdiction over a prototype OT competition when a follow-on production contract was contemplated. 1] The Government Accountability Office denied the protest.
3705, which requires offerors to submit data other than certified cost or pricing data so that contracting officers may determine the price reasonableness of a contract, subcontract, or modification. Cost Accounting Section 802 amends 10 U.S.C. The provision amends the reporting requirement under 10 U.S.C.
AWS specialized cloud-optimized chips enable high-performance at cost-effective prices. Evaluating the total business value beyond TCO, including productivity, resilience, agility, and environmental impact, allows organizations to capitalize on cloud’s transformative potential and competitive advantages through a holistic cost-value approach.
Pricing details included in the prospectus. The PACT Act, enacted in August 2022, has increased VA healthcare enrollment by about 33 percent, with 740,000 veterans joining since its passage. Thank you to our current sponsors of the Fall Training Conference! The scoring updates are below: Read the full article here.
The AI procurement report presents evidence gathered by DRCF in two workshops with 23 vendors and buyers of algorithmic systems in Autumn 2022. The report stresses this issue: ‘ common or standard metrics do not yet exist within industry for the evaluation of [algorithmic systems]. This is extremely worrying.
While we are not demonstrating how this is calculated here, we did perform an evaluation step based on Pearson correlation coefficients and variance inflation factor to identify the variables that were highly correlated so we could remove them from the analysis.
The key features of the JPSR system are: Confidential, user-based access to protect data entry; Risk event evaluation, root cause analysis, and higher-level investigation; Customizable analytical tools and reports to develop and implement proper quality control measures; and Dashboards for monitoring, measuring, and analyzing key data.
Department of Labor (“DoL”), Bureau of Labor Statistics (“BLS”), September 13 Consumer Price Index (“CPI”) Summary states that “[o]ver the last 12 months, the all items index increased 8.3 1] Similarly, the BLS September 14 Producer Price Index (“PPI”) Summary states that “[o]n an unadjusted basis, the index for final demand moved up 8.7
In 2022, the Office of Personnel Management issued Skill-Based Hiring Guidance implementing the EO for agencies to further advance innovation in Federal hiring. These plans mark another stage in the implementation of DoD’s Zero Trust Strategy , released in 2022. 2] In a recent size protest, quotes were submitted on August 31, 2023.
This ruling follows the Court’s August 2022 decision in Hydraulics Int’l (discussed in a previous Legal Update ) finding jurisdiction over a prototype OT competition when a follow-on production contract was contemplated. The new prices will be effective Jan 1, 2026. 1] The Government Accountability Office denied the protest.
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