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2,025 protests were filed in FY 2023, representing a 22% increase from the previous year. In FY 2023, the sustain rate increased to 31%. If you have any questions about the FY 2023 report or the protest process in general, please contact the authors. We unpack some of the key insights from the report below.
Yes, the number of protests are down, mostly due to the deluge GAO received in 2023 from the ongoing saga that is the CIO-SP4 governmentwide acquisition contract (GWAC) from the National Institutes of Health IT Acquisition and Assessment Center (NITAAC). In 2023, GAO received more than 350 protests alone over CIO-SP4.
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]
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. Cases and protests are down from FY 2023.
Here are some key points from this year: (1) the key effectiveness metric, showing numbers of sustains and corrective actions at GAO, was up even higher to 57% for the 2023 fiscal year and (2) total bid protest numbers are up slightly, reversing a downward trend in total protest numbers from the last few years. Call us at 785-200-8919.
With GAO’s statistics for Fiscal Year 2023 (“FY 23”) just released, we thought now is the perfect time to share some insights we gained by reading every published decision in which GAO sustained a protest during FY 23. Just looking at the numbers, between 2019 and 2023, the protester lost between 69% to 87% of the merits based decisions.
The Procurement at Issue On February 10, 2023, the National Aeronautics and Space Administration (NASA) issued an RFP for the procurement of a geostationary extended observations (GeoXO) sounder (GXS) instrument for the weather satellite program. On September 11, the agency notified L3Harris that the contract was awarded to Ball.
2023 CPD ¶ 262 (Comp. 17, 2023) , GAO looked at this issue in the context of a lowest-price, technically acceptable (LPTA) solicitation for a brand name or better product, with an unexpected ending that the protester surely did not see coming. In RELX, Inc., Only two offers were submitted, one by the protester, RELX, Inc.
The decision offers important lessons that contractors should keep in mind when evaluating solicitations; submitting proposals; and evaluating whether and when to file a bid protest. The procurement contemplated the award of a fixed-price contract for help on two missions in the region.
The BAA, however, is a priceevaluation preference, which means if the price of a Chinese product is low enough, the federal government will buy that product. For large business offerors, the price preference added to non-domestic offers is 20%, and for small business offerors, it is 30%.
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.
The decision offers important lessons that contractors should keep in mind when evaluating solicitations; submitting proposals; and evaluating whether and when to file a bid protest. The procurement contemplated the award of a fixed-price contract for help on two missions in the region.
The Government Accountability Office said pricing estimates for Direct File — the electronic filing program made available this tax season for payers in 12 states — didn’t include start-up costs, including for the technology underpinning the system.
Two categories of successful protest arguments discussed in our previous blog are Improper Past Performance Evaluations and Flawed Best Value Analyses. Another category of successful protest challenges are those where there is an improper technical evaluation. 1, 2023, 2023 WL 8060261. [2] 17, 2023, 2023 WL 8120120. [3]
The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2023 on October 26, 2023 (B-158766). 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.
The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. MPZA also argued that Eagle Harbor’s price proposal was unrealistic.
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.”
May 11, 2023. In a solicitation for design-build construction services related to Fort Bragg, NC, Midnight alleged that the evaluation was improper and used unstated evaluation criteria. Awardee’s evaluatedprice was $64.98 million while Midnight’s evaluatedprice was $37.54
So ASG got this award in 2023. Before GAO got to a decision there, the agency took corrective action, held exchanges with Cogent and ASG, got revised quotations, and then decided that actually it was going to award to Cogent which had a substantially lower price. We’ll find somebody else to evaluate it.
SBA’s proposed rule would change HUBZone protests appeals, principal office requirements (which we did discuss a bit before here ), HUBZone map concepts, and the HUBZone priceevaluation preference (PEP). PEP (PriceEvaluation Preference) Finally, we look at proposed changes to the HUBZone PEP. 126.800. .”
In a recent protest, the Government Accountability Office (“GAO”) held that although performance risk was not specifically listed as an evaluation criterion, an agency may always consider risk that is intrinsic to the stated evaluation factors. B-421406, April 25, 2023. South Dade A/C and Refrig.,
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. The September 2023 Cost Corner concluded a three-part series on TINA. We now move on to the FAR Cost Principles, specifically FAR Subpart 31.2,
Government agency programs like the GSA Schedules provide long-term contracts, allowing businesses to sell commercial products and services at pre-negotiated prices, simplifying the purchasing process. Since May 2023, it has replaced FedBizOpps.gov, becoming the central point for finding contracts over $25,000.
Collaborative Framework for the provision of Legal Services A new Category B (Central Government) multi-lot, multi-supplier framework for the provision of Legal Services commenced on 1 September 2023 for a maximum period of 4 years to 31 August 2027. Further information on this framework is available here.
30, 2026, according to a 2020 memo from Kim Herring, the then-acting principal director of the Office of Defense Contract and Pricing. million in 2023 and requested $6.5 It’s typically called out in the request for proposals that there will be a past performance, a technical assessment and evaluation of price and volume.
In a previous article , we analyzed what made protests successful at the Government Accountability Office (“GAO”) in Fiscal Year 2023 (“FY23”). United States, the Court found the agency’s decision to follow GAO’s recommendation to evaluate the protester’s proposal as though its key personnel was unavailable was irrational. [1]
LPE Strategy, LLC, Be-427723.2,3, October 16, 2023 (considering a partially performed contract for past performance). LPE protested that the agency improperly accepted MPZA’s past performance under a bridge contract, had improperly evaluated proposals technically, and made an improper best value selection.
Collaborative Framework for the provision of Legal Services A new Category B (Central Government) multi-lot, multi-supplier framework for the provision of Legal Services commenced on 1 September 2023 for a maximum period of 4 years to 31 August 2027. Further information on this framework is available here.
This year’s tables include: November 20: GSA MAS PMO GSA Pricing Tools Medical/Surgical Supply BPAs SAM.gov PMO VA Federal Supply Schedule (FSS) November 21: VA FSS View the agendas for more details. ASPR reports that in 2023, healthcare organizations saw a 128 percent increase in ransomware attacks. Thank You Sponsors !
As calendar year 2023 ends, the Coalition is looking ahead to 2024 and the policies, programs, and initiatives that will shape the federal procurement system and the delivery of customer agency mission support. Stakeholders must appreciate and understand that there is a nexus between requirements and price, especially for small businesses.
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. 28] DCAA Audit Guidance Chapter 6 of the DCAM, Incurred Cost Audit Procedures, includes detailed guidance for evaluating the reasonableness of compensation costs.
VSBC-334, 2023 (Feb. And DLA announced the award to BTNG on December 6, 2023. In its proposal, BTNG offered a fixed unit price of $330 per unit and represented to DLA that it was a WOSB concern and an SDVOSB concern. In Mckenna Brytan Indus. LLC , SBA No. 8, 2024) , the U.S. 134.1003(e)(1).” 128.401(a).
This year’s tables include: November 20: GSA MAS PMO GSA Pricing Tools Medical/Surgical Supply BPAs SAM.gov PMO VA Federal Supply Schedule (FSS) November 21: VA FSS Community Care Network (CCN) View the agendas for more details. Requests for transparent pricing across the AI lifecycle.
On October 26, 2023, the U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2023. The most prevalent grounds upon which GAO sustained protests in FY 2023 were (1) unreasonable technical evaluations; (2) flawed selection decisions; and (3) unreasonable cost or priceevaluations.
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.
It outlines pricing, service quality and other key details. This allows contracting authorities or public sector organisations to evaluate and choose the best supplier. It is not always about the lowest price but also about quality, experience, and value for money when selecting the best supplier for the job.
To fully harness the cloud’s potential, organizations should shift their mindset and adopt procurement processes that let them successfully evaluate options and choose the best solution. However, outdated evaluation criteria tailored to on-premises infrastructure still commonly shape procurement processes. We have a limited budget.
After receiving quotations, the contracting officer added salient characteristics to the technical evaluation form to be considered during evaluations that were not stated in the solicitation. For the awardee’s first prior experience example, the TET report did not analyze or evaluate the size of the project.
28, 2023 , the protester, Armstrong, (who was the low offeror) failed to write an adequate proposal that included all required information. The award was to be made on a best-value tradeoff with two factors—past performance (significantly more important) and price (less important. In Armstrong Elevator Co., B-422123, Dec.
In Better Direct, LLC, B-419893.27, July 5, 2023, an offeror’s proposal was eliminated from consideration because it included only an incomplete attachment that was required by the solicitation. Better responded to a solicitation from the Department of Homeland Security (“DHS”) for information technology hardware and software.
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. billion in fiscal 2023 to $23.5 billion in 2027.
For a roundup of some of the most significant protests of 2023, the Federal Drive with Tom Temin spoke with Haynes Boone procurement attorney Dan Ramish. Dan Ramish So GAO evaluated the protests and sustained protests on two grounds. That will mean continued protests by disappointed bidders. Dan Ramish Yes. Tom Temin All right.
These agreements take on even greater importance under the Procurement Act 2023, with greater emphasis on transparency, competition and sustainability. These agreements define terms, conditions and price for goods and services and allow authorities to procure without having to re-run lengthy tender processes.
In Better Direct, LLC, B-419893.27, July 5, 2023, an offeror’s proposal was eliminated from consideration because it included only an incomplete attachment that was required by the solicitation. GAO further noted that even if the error was minor, the agency was not required to engage in clarifications.
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