GAO Declines Jurisdiction Over the “Other Transactional Agreement” Evaluation and Award Process

Evaluation and selection of an offeror for award of an “Other Transactional Agreement,” or “OTA,” are significantly more flexible than a traditional procurement under the FAR. This was at issue recently in GAO case MD Helicopters Inc., B-417379 (Comp. Gen. Apr. 4, 2019), where GAO clarified that it does not have jurisdiction to hear protests regarding OTA award decisions.

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2018 NDAA: Unsuccessful GAO Protesters May be Liable for Government Costs

The 2018 National Defense Authorization Act put a new twist on potential costs a contractor may incur in filing a GAO bid protest.

While many federal contractors are familiar with the costs arising from a GAO protest, including their attorneys’ fees and consultant and expert witness fees, and some are lucky enough to recoup such costs upon GAO’s sustainment of a protest, under the 2018 NDAA, some large DoD contractors may also be required to reimburse DoD for costs incurred in defending protests denied by GAO.

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Cost/Price Evaluation To Be Discretionary For Some DoD IDIQs

Under the 2017 National Defense Authorization Act, the DoD has the discretion to forego a price or cost evaluation in connection with the award of certain multiple-award contracts.

The 2017 NDAA  includes some important changes that are sure to impact federal procurements. Section 825 of the NDAA, which allows DoD contracting officers to forego price or cost evaluations in certain circumstances, is one of these changes.

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SmallGovCon Week In Review: May 16-20, 2016

As we forge into the second half of May, those of us around the Lawrence, KS are are preparing for a nice weekend full of beautiful weather and outdoor fun. But our weekend plans won’t stop us from bringing you the top stories from around the country in this week’s SmallGovCon Week In Review.

This week’s edition brings you a look at the possible hold put on DISA’s RFP, False Claims Act allegations leading to a $2.25M settlement, a company forced to dispose of its yacht and pay a hefty fine, and much more.

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