SmallGovCon Week In Review: January 18-22, 2016

Hopefully those of you on the East Coast are hunkered down and ready for the historic snow storm headed your way.  And since many of our readers may be having a lot of unplanned time at home this weekend, we have the perfect idea to prevent boredom: catching up on the latest and greatest in government contracts news.

In this week’s edition of SmallGovCon Week In Review, a major investigation of the AbilityOne program is underway, Guy Timberlake offers some common sense advice on multiple-award contracts, and much more.

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GAO: Task Order Discussions Must Identify Weaknesses

An agency must identify weaknesses or deficiencies in an offeror’s proposal when the agency conducts discussions as part of a task order competition, according to a recent GAO bid protest decision.

In Mission Essential Personnel, LLC, B-407474, B-407493 (Jan. 7, 2013), the GAO held that a procuring agency erred by failing to inform an offeror of two weaknesses or deficiencies in its proposal.  The GAO concluded that discussions must include this information even when the procurement is a task order competition conducted under FAR part 16.

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Some NAVFAC MAC Task Order Awards Flawed, Says DOD IG

Now that the GAO no longer has authority to hear protests of many task order awards valued under $10 million, it is fair to question whether the absence of the self-policing system established by the protest mechanism could contribute to unreasonable or improper task order awards.

According to a report issued by the Department of Defense Inspector General last Friday, at least one agency, the Naval Facilities Engineering Command, has experienced some troubling irregularities in the MAC task order award process, including twice failing to permit all MAC holders to bid on task order competitions.

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