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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Agencies Must Not Delay Evaluating the Merits of Protests, Says GAO

It is decently well established that GAO will recommend protesters be reimbursed for protest related costs when an agency unduly delays in taking prompt corrective action. In a recent GAO decision, however, the Navy argued the question of undue delay should be evaluated from the time the Navy fully understood the extent of its error, not the initiation of the protest.

GAO was not convinced.

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GAO Denies Costs in Deja Vu Protest

One GAO protester is starting to feel like Bill Murray’s character from Groundhog Day, and not in a good way. In a recent series of protests, a contractor challenged the terms of various solicitations as unduly restrictive of competition. These protests resulted in successive corrective actions.

Growing weary of continually protesting the same issue without tangible resolution, the protester finally requested GAO recommended it be reimbursed for its costs. Unfortunately for the protester, GAO had less sympathy for its situation.

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Agencies May Evaluate Contractor Responsibility under FSS Orders, Says GAO

Contractor responsibility is to be considered before every federal contract award, but what about task orders issued under an FSS contract? Are contractors still subject to responsibility inquiries when competing for orders?

According to GAO, the answer is, “yes.”

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