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Air Force Award Downed by Inadequate OCI Assessment

Client Alert | less than 1 min read | 09.15.16

In AT&T Gov’t Solutions, Inc. (released Sept. 12, 2016), in which C&M represented AT&T, GAO sustained the protest of the Air Force’s award for computer network operations and cyberspace warfare operations. GAO determined that the Air Force had failed to reasonably evaluate whether the awardee had adequately avoided or mitigated unequal access to competitively sensitive information to which the awardee had access through its subcontractor that had provided acquisition support for the program and that the Air Force award decision was also premised on flawed past performance evaluations.

Insights

Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...