Negotiation Impasse Results in Cancelled Solicitation

In any negotiation, either party may walk away from the deal at any time for any reason. While this is typically viewed as a negotiation “nuclear option,” it does happen. Unlike the private commercial space, doing business with Uncle Sam typically goes through a progression ultimately resulting in an awarded contract. As one contractor recently discovered, however, agencies still retain the nuclear option–cancelling the solicitation–if they cannot obtain value for the government.

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GAO: Protest Failed to Establish Legal Reason to Sustain

When protesting at GAO, it’s important to explain not only what you believe the agency did wrong, but also the legal significance of that departure.

That’s what Trinity Global Consulting learned recently when GAO dismissed its protest.

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GAO Finds NASA Effectively Evaluated Risks of the Unknown

NASA is going back to the moon and is looking for private companies to help get it there. In 2018, NASA awarded nine IDIQ Commercial Lunar Payload Service contracts for commercial payload delivery services between the Earth and the lunar surface. This is a sea-change for NASA as “no [United States] commercial company has ever attempted to launch, transit, and land” on the moon. Prior to award, NASA asked for task order proposals to include a description of risks and mitigation efforts. You might be asking–how can NASA effectively evaluate risk for something that has not been done before? A protester asked the same question, but GAO agreed with NASA’s risk analysis on the project and found the protester’s questions to be mere disagreement with the evaluation.

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“Open your Email Attachments!” Says GAO

With the ongoing rise of technology in the workplace, safe email practices are increasingly important. In particular, many in the cybersecurity community are concerned about email attachments and spam. Even so, in Information Unlimited, Inc., B-415716.40 (Oct. 4, 2019), GAO warned protesters not to delay in opening email attachments provided by the government.

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“We Couldn’t View the Solicitation,” Argues Protester

The first step in competing for a federal contract is knowing that an opportunity exists in the first place. In a recent protest, a contractor argued it was not able to find an opportunity despite routinely searching the appropriate federal procurement opportunity system, e-Buy. Thus, according to the protesting company, the procurement was not properly publicized and the award was improper. GAO did not agree.

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GAO Upholds Agency’s Cancellation of LPTA Procurement with only One Acceptable Offer

Pop quiz: Your company is the only technically acceptable offeror in an lowest-priced, technically acceptable procurement. You win, right? Not when the agency cancels the solicitation, hoping that a cheaper offeror who was not technically acceptable will submit a bid if given another chance. GAO recently considered this very scenario.

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