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Performance Risk is Intrinsic to Stated Evaluation Factors

Public Contracting Institute

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. South Dade A/C and Refrig., B-421406, April 25, 2023.

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DoD Implementing the Congressional Direction to Align DFARS with GAAS

Redstone Government Consulting

In the June 27, 2024 Federal Register , the Department of Defense (DoD) is proposing to change the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2021 requiring that the generally accepted auditing standards (GAAS) definition of a “material weakness” be used (..)

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Bid Protest Minute: The High Bar to Proving Contract Officer Bias

GovCon & Trade

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.

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Cultivating a Culture Braced for Change 

GovLoop

When asked how leaders could create a team culture that’s ready for change, Kerestesy explained that first, you must decide what culture is. “My go-to definition is a ‘shared rationale for how employees do what they do,’” he said. Favorite

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Why bidders for federal contracts need to deal with conflicts of interest early on

Federal News Network

So some of those are things that can be mitigated, usually impaired objectivity, which means basically, that you’re evaluating your own work from another contract. Zach Prince You can’t have a situation where you’re evaluating your own work, or where somebody who’s part of your team is evaluating its own work.

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Publication of refreshed Fair Work First in Procurement Guidance

Scottish Government Procurement

The updated guidance builds on statutory guidance published in May 2022 and details each FWF criterion, reflecting their mutually reinforcing nature and creating a stronger message on how they should be used collectively to seek to address challenges in the labour market.

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GAO: Don’t Slip Up on SAM Registration, Even for One Day

SmallGovCon

GAO first analyzed FAR 52.204-7 and found that the text of the FAR provision requires offerors to maintain SAM registration throughout the evaluation period (i.e., GAO pointed to FAR 52.204-7’s definition of “Registered” in SAM as partially determinative. GAO sided with the protester.

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