“We Don’t Do Option Year Challenges,” Says GAO

Most federal contracts are structured with a base period with a number of option periods that can be exercised at the agency’s discretion. But what happens if an option year goes unexercised? Recently, a disappointed contractor attempted to challenge the agency’s decision not to exercise an option before GAO. Unfortunately, GAO was not receptive.

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Proprietary Information Proper Basis for Restricted Solicitation Terms

While the overarching goal of the federal procurement system is to provide as many opportunities for competition as possible, there are those instances where the unique circumstances of a procurement require limiting the pool of offerors. In a recent decision, GAO determined that the need for proprietary maintenance information was a sufficient reason to limit competition.

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CAGE-y Evaluation: Agency Unreasonably Failed to Consider CAGE Codes Provided in Proposal

Facilities security clearances are a common requirement for Department of Defense procurements. While important for national security reasons, these solicitation requirements can also create confusion with respect to evaluation. A recent GAO decision demonstrates how confusion can arise when a contractor holds multiple CAGE codes, only one of which corresponds to a cleared facility.

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GAO Sustains Protest after Awardee Credited with Strengths Not Present in its Proposal

Strong working relationships between contractors and contracting officers are a significant asset. For example, the Customs and Border Patrol recently relied heavily on its experience working with the incumbent contractor to “infer” proposed technical approaches and award corresponding strengths. Unfortunately, when this award was subsequently protested, GAO did not agree with the Border Patrol’s inferential technique. As GAO explained, a reviewing agency may not credit a bid with technical strengths that are not present within the proposal.

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DOD Needs To Improve Space Acquisition Employee Tracking, says GAO

This year marks the 50th anniversary of the Moon Landing; a feat accomplished through a massive federal government contract program. A half century later, the federal government continues to pour significant resources into space infrastructure, particularly through the Department of Defense. A recent GAO report provided a glimpse into the size and composition of the Department of Defense space contracting workforce. While GAO notes more precise data is needed, it is clear that space acquisitions continue to be supported by a robust workforce.

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