When the FY2017 National Defense Authorization Act (NDAA) was enacted, the prohibition in Section 813(c) against the use of lowest price technically acceptable (LPTA) source selection criteria seemed fairly cut and dry. As time passes and procuring agencies adopt new evaluation schemes, however, the parameters of the prohibition are being tested. The recent Government Accountability
Your Proposal Says What It Says: The GAO Does Not Engage in Revisionist History
Disappointed offerors sometimes attempt to challenge contract awards by arguing that the agency did not properly take into account a particular aspect of their proposals. As the recent Government Accountability Office (GAO) decision in Red River Science & Technology, LLC, B-417798.2 (October 24, 2019) makes clear, however, protesters need to make sure that their proposal
Short Take: Proposed Rule Raises Certified Cost or Pricing Threshold to Implement Section 811 of FY18 NDAA
On October 2, 2019, DoD, GSA and NASA issued a proposed rule amending the FAR to implement Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. The amendment increases the threshold for requesting certified cost or pricing data from $750,000 to $2 million for contracts entered into after June 30,
Do Not Be Discouraged: Agency Discretion on Corrective Actions Does Have Limits
Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government Accountability Office (GAO) decision in MCR Federal, LLC, B-416654.2; B-416654.3 (December 18, 2018), serves as a reminder that failure is not
Procurement Fraud Is Alive and Well—and Being Punished
The recent guilty plea of a furniture company sales executive provides a timely reminder that contractors continue to engage in procurement shenanigans–and continue to get caught. In such circumstances, crime definitely does not pay.
On June 10, 2019, the Department of Justice announced that Steven Anstine of Overland Park, Kansas, pled guilty in federal District