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Department of Justice (DOJ) announced that Lockheed Martin Corporation agreed to pay $29 million to settle allegations that it violated the False Claims Act through defective pricing on contracts for F-35 military aircraft. The settlement resolves allegations brought forward by a whistleblower in a qui tam lawsuit.
We often see price realism in protests when the protester is making the claim that the awardee’s price, which was lower than the protester’s price, is low enough that the awardee would not be able to perform the work as solicited. Most often, GAO will determine that the agency’s price realism analysis was acceptable.
If you feel like prices for just about everything are going up, you’re not alone. In federal government contracting, however, a contractor may not have the same leeway to raise its prices. Accordingly, issuing an order based on non-FSS pricing under an FSS acquisition would be improper. B-421917.2,
Inflationary pressures can cause frustration levels among suppliers due to increased costs or reduced demand from customers, particularly when it comes to repeated orders or fixed pricing contracts. This could include negotiating more favorable terms with suppliers or renegotiating existing contracts to ensure that prices remain competitive.
There is increased recognition that sustainability cannot be a siloed business unit within an organisation. The main takeaway is that sustainability transformation takes time – but every step along the journey can be meaningful. This blog post provides a recap of the highlights from the sustainability briefing.
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. This is essentially Federal Government Contracting 101 and applies to any type of solicitation. In RELX, Inc.,
Indeed, an investment in digital procurement reforms is one of the best investments to achieve the Sustainable Development Goals. 2) Partnerships sustain change Procurement is too vast and complex to transform alone.
Increase in the sustain rate. In FY 2023, the sustain rate increased to 31%. From 2019 to 2022, the sustain rate hovered around 13-15%. Again, the report caveated the increase with the GAO sustaining 119 protests involving the CIO-SP4 procurement. Without the 119 sustains, the sustain rate would remain at about 14%.
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. Why Are Cases Sustained?
DISPARATE TREATMENT MATERIAL EXCEPTION PRICE EVALUATION PAST PERFORMANCE BEST VALUE DETERMINATION The post 60-Second Sustains: Deloitte Consulting LLP and Softrams LLC appeared first on Government Contracts Navigator. Jochum ● Deloitte Consulting LLPB-422094; B-422094.2 Deloitte Consulting LLP; Softrams, LLCB-421801.2,B-421801.3,B-421801.4,B-421801.5,B-421801.6
Innovation is key in achieving sustainability goals across the public and private sector. Two Nordic-based organizations are using Amazon Web Services (AWS) to reach ambitious sustainability goals. Sustainability cannot be seen as an outlying or standalone department.”
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.
million contract to provide sustainment, program management and integrated logistics support services for engines used to power the Osprey tiltrotor military transport and cargo aircraft. Navy has awarded Rolls-Royce a potential two-year, $695.3
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.
As Summer Comes to a Close, So Does GAO’s Sustain Drought In last month’s Bid Protest Sustain of the Month installment, we noted that GAO was suffering from a sustain drought, having failed to issue a single sustained protest decision in the month of July. But it appears that drought is over! In Knudsen Systems, Inc. ,
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.
In federal government contracting news this week, be sure to check out the stories about the new sustainability rules (and our recent blog ), as well as new legislation on solicitation language and buying technology. It’s wonderful weather for all those recently planted gardens, however, as long as the storms aren’t bad!
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
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.
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.
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.
Enhance Green Financing and Risk Transfer Mechanisms : Developing sustainable debt markets is crucial for facilitating climate adaptation. Invest in Resilient Infrastructure : Public spending on resilient infrastructure is a long-term investment with immediate and sustained benefits.
sustained a protest challenging an agency’s decision to set aside a procurement for small businesses. Over nine years ago, GAO sustained such a protest in Triad Isotopes, Inc. Recent Sustain on the Rule of Two Reminds Agencies of the Importance of Accurate Market Research appeared first on Government Contracts Legal Forum.
The agenda promised insights into vendor verification, sourcing new vendors, validating pricing against historical purchase orders, market research, and tailoring bids and RFQs for success. To further illustrate the importance of price validation, Paige then walked the audience through a spending search for Chromebooks.
Meanwhile, the GSA is pushing forward with updated standards to accelerate federal buildings toward zero emissions, reflecting a broader shift towards sustainability. Some interesting stories include Senate efforts to enhance oversight of Other Transaction Authority (OTA) agreements and address delays in Major Acquisition Programs (MTA).
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.
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,
Why was the protest sustained by GAO but not the agency if the Volvo tractor did not contain the salient characteristics of Caterpillar tractor? The RFQ was for the award of a contract to the offeror that offered the “lowest-price technically acceptable quotation considering price and technical acceptability.”
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.
Strategic Alignment and Value Effective procurement aligns with the broader goals of the public sector entity, incorporating socio-economic objectives like supporting local businesses, environmental sustainability, and social inclusion. Effectiveness also encapsulates completing procurement projects without undue delays or cost overruns.
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.
The vision aims to transform the country into a leading economy, a hub for commercial and cultural activities, and a model for sustainable development. In this blog post, we will explore how sustainable procurement practices can help organizations reduce greenhouse gas emissions and achieve their sustainability goals.
the subcommittee’s ranking member, noted that her sustained push for a regulatory framework for digital assets has “some parallels” with the need for oversight on AI in housing. “We Dynamic pricing systems in housing is one area that Congress has already shown interest in — and could be ripe for additional action.
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.
The project was supported by OCP’s Lift impact accelerator , helping to integrate open contracting principles firmly in the solicitation process. As a result, the city expanded the service from 6,500 to 9,300 bikes and from 480 to 687 bike stations, with upgrades to the city’s bike share technology and design to be more user-friendly.
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.
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.
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.
This expands access to government customers and offers them selection among speed, performance, and price. Research points to cloud as a more sustainable choice A new study released yesterday that was commissioned by Amazon Web Services (AWS) and conducted by Accenture estimates AWS’s infrastructure is up to 4.1
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. The agency ultimately made award to the next-in-line offeror.
A new sustainability initiative , Walmart’s Built For Better program helps customers live better as they shop for everyday low prices. Showcasing sustainable goods to eco-conscious customers makes price-conscious ones more likely to see them too.
The Belgium-based automotive supplier, specialising in sustainable and affordable propulsion system solutions, deployed Ivalua’s platform in September 2020 for the sourcing of components for the DT2 program, within the company’s Joint Venture operations: Punch Powertrain PSA e-transmissions.
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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