Federal News Network

DECEMBER 3, 2024

“Of the protests resolved on the merits during fiscal year 2024, our Office sustained 16 percent of those protests. The SBPCD is the prime contractor’s proposed response to the small business participation evaluation factors. Source: OFPP memo from Nov.

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Public Contracting Institute

JULY 23, 2024

It’s rare but it does happen, that the Government Accountability Office (“GAO”) sustains five separate violations of the procurement regulations in a single protest. This blog will not discuss every sustained protest ground, but only comment on a few significant points. See Deloitte Consulting, LLP; Softrams, LLC, B-421801 et al, Jan.

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Open Contracting Partnership

APRIL 4, 2025

Traditional procurement approaches prioritised lowest price, which led to unintended consequences like accepting bids of lower quality, a lesser performance record or that did not adequately allow buyers to consider equity, sustainability or socio-economic objectives like creating local jobs.

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Government Contracts Legal Forum

JULY 18, 2024

GAO issued three sustain decisions in June, but the Sparksoft Corporation decision stands out for its discussion of prejudice. Similarly, it was unclear whether the SSA would have still concluded that TSG’s positive features under the corporate experience factor alone justified the “significant price premium” tradeoff.

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Federal News Network

AUGUST 21, 2024

SBA is also contemplating eliminating the HUBZone price evaluation preference to HUBZone joint ventures formed under the Mentor-Protégé Program. Currently, this preference allows a certified HUBZone small business concern (including a HUBZone joint venture) to have a 10% price preference when competing in a full and open competition.

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SmallGovCon

FEBRUARY 7, 2024

And, evaluating the product on any characteristics that are not included in the solicitation, even if incorporated by reference to the name brand item, can lead to an improper exclusion of offerors from competition. Which, as any federal contracting attorney would know, is prime real estate for a protest to be sustained.

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SmallGovCon

NOVEMBER 3, 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.

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Government Contracts Legal Forum

NOVEMBER 6, 2023

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%. The post GAO’s Bid Protest Sustain Rate Soars, but Is There a Catch? appeared first on Government Contracts Legal Forum. View the full article

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Inter-American Development Bank

JANUARY 21, 2025

This includes mechanisms for reallocating budgets and evaluating expenditures to create fiscal space for contingencies. Enhance Green Financing and Risk Transfer Mechanisms : Developing sustainable debt markets is crucial for facilitating climate adaptation.

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SmallGovCon

FEBRUARY 22, 2024

Small Business Administration (SBA) Office of Hearings and Appeals (OHA) sustained the Service-Disabled Small Business (SDVOSB) status protest of BTNG Enterprises, LLC (BTNG). 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. LLC , SBA No.

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Sustainability E-procurement Price Government Contracts 85

Federal News Network

SEPTEMBER 19, 2024

As more public policy objectives make their way into the world of acquisition — supply chain, cybersecurity, sustainability, domestic and socioeconomic sourcing requirements, to name a few — GSA is trying to bake those into acquisition vehicles up front so agencies have an easier time complying. And so we relaxed that to one process.

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ivalua

JULY 13, 2022

Buyers are expected to scrutinize every aspect of the purchasing process to identify ways to reduce their carbon footprint, source sustainable materials, and promote diversity. As the sourcing function evolves, digital procurement technologies have become crucial tools for buyers to capture and report their sustainability achievements.

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Public Contracting Institute

NOVEMBER 29, 2023

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 was a 22% increase compared to FY 2022.

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Sustainability Bidding Evaluation Government Contracts 52

Select GCR

DECEMBER 3, 2024

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. Understanding the pricing structure outlined in the RFP can help in formulating a bid that aligns with government expectations.

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Government Contracts Legal Forum

AUGUST 8, 2023

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.

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The Softly Spark

JANUARY 13, 2025

Sustainable products are experiencing growth in both profits and consumer demand. To successfully market your sustainability efforts, you must carefully navigate the fine line between legitimate marketing and greenwashing. Recommendation: Partner with suppliers who prioritize sustainability.

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Federal News Network

OCTOBER 20, 2023

PAP 2021-05, Evaluation of FSS Program Pricing, is one such example. This PAP fundamentally alters the MAS negotiation process, establishing evaluation standards, requirements, and procedures not found in the Federal Acquisition Regulation (FAR) or the General Services Acquisition Regulation (GSAR).

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Government Contracts Legal Forum

MARCH 12, 2024

Check out our discussion of the Washington Business Dynamics, LLC , decision in December’s Sustain of the Month post.) This welcome trend has continued into 2024, with GAO’s issuance of a sustain decision in LOGMET LLC , B-422200, Feb. 21, 2024. GSA conducted the procurement under FAR subpart 8.4 We would like to thank Cherie J.

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Sustainability Bidding Warehouse Evaluation 52

Government Contracts Legal Forum

JANUARY 30, 2024

Though not the first sustain of 2024 (click here for our writeup of 2024’s first sustain), GAO’s decision in American Material Handling, Inc. GAO sustained the protest, noting the well-established rule that, once vendors are informed of the criteria against which proposals will be evaluated, the agency must adhere to these criteria.

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Government Contracts & Investigations

NOVEMBER 7, 2023

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. This year GAO reports a sustain rate of 31%, listing the number of sustained cases at 188, versus 59 last year.

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Government Contracts Legal Forum

DECEMBER 18, 2023

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. Below, Crowell Partner Cherie Owen discusses RELX Inc. , B-421597.2,

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Sustainability Bidding Goods & Services Government Contracts 52

Federal News Network

DECEMBER 20, 2023

It used a slightly unconventional approach to evaluating bidders. And then assuming you passed, they would assess you based on technical approach and capability, and price. Price was a typical submitted a proposal submission, but for technical approach and capability. But the source selection authority made a basic mistake.

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SmallGovCon

SEPTEMBER 17, 2024

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 price evaluation preference (PEP). PEP (Price Evaluation Preference) Finally, we look at proposed changes to the HUBZone PEP. 126.800. .

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Price Bidder Evaluation Procurement 105

Federal News Network

AUGUST 21, 2024

In this case, though they lost and the protest was sustained. The RFP, in this case, provided for a two phase evaluation process with the agency evaluating the most important non price evaluation factor in the first phase, which was past performance, experience and team structure. Tell us more. Dan Ramish Right.

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Evaluation Procurement Contract Price 103

Federal News Network

JULY 10, 2024

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. And that was the basis to sustain the protest. So at that point, ASG protested here at GAO.

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Government Contracts Legal Forum

NOVEMBER 21, 2023

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. As a result, the protest was premature.

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AWS Public Sector

MARCH 19, 2024

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.

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Government Contracts Legal Forum

JANUARY 11, 2024

The following is the final installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s Government Contracts Practice kept you up to date with a summary of the most notable bid protest sustain decision each month. Although evaluations under FAR Subpart 8.4

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Sustainability Bidding Evaluation Procurement 40

Government Contracts & Investigations

FEBRUARY 29, 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. Sustained Protests In American Material Handling, Inc., Sustained Protests In American Material Handling, Inc., Thus, the GAO sustained the protest.

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Bidding Evaluation Sustainability E-procurement 52

Government Contracts & Investigations

FEBRUARY 29, 2024

The remaining successful protests were post-award victories that fall into categories similar to those we saw at the GAO: (1) improper technical evaluation; (2) inadequate documentation; (3) flawed price analysis. The protester’s spreadsheets were off by 30 hours, which resulted in a price difference of 0.063%. In KPMG, LLC v.

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E-procurement Price Bidder Evaluation 52

Tracker Intelligence

FEBRUARY 12, 2025

Governments aim to support ethical, sustainable businesses while getting the best value. 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 covers everything from tendering and bidding to contract management.

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Bonfire

MARCH 29, 2022

Bonfire allows them to bring every stage of the procurement lifecycle into a central platform where the procurement team and relevant stakeholders can collaborate on RFPs and evaluations with full visibility into the process. What strategies are crown corporations using to deal with the current price uncertainty in the market?

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Procurement Eprocurement Purchasing Participation 52

The Coalition for Government Procurement

DECEMBER 15, 2023

Sustainability and the ongoing FAR case addressing greenhouse gas emissions reporting also have the potential to shape the federal market significantly. Stakeholders must appreciate and understand that there is a nexus between requirements and price, especially for small businesses. It is also a regulatory requirement.

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Federal News Network

AUGUST 20, 2024

30, 2026, according to a 2020 memo from Kim Herring, the then-acting principal director of the Office of Defense Contract and Pricing. Increase supports additional sustainment costs, which includes licenses for functionality releases and user accession. Those are the three most common evaluation criteria,” he said.

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Procurement Electronics Contract Evaluation 119

Federal News Network

JUNE 4, 2024

I think most government contractors have contracts that are negotiated and the prices are negotiated upfront, and then they have to adhere to those prices over the course of the entire five-to-10 year contract. And that shows up in the way they’re evaluating the RFP, for sure. They want both.

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Select GCR

MAY 7, 2024

Securing a contract involves preparing a competitive proposal that meets the solicitation document’s requirements, developing effective pricing strategies that balance competitiveness with profitability, and potentially navigating subcontracting and partnerships.

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Government Contracts & Investigations

SEPTEMBER 28, 2023

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.

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