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Contractor Wins Directed Award In A-76 Protest

Client Alert | less than 1 min read | 02.13.04

The GAO in BAE Systems Tech. Servs., Inc. (Jan. 28, 2004) (represented by C&M), directed the Navy to award a contract to the private offeror in an A-76 competition in which the in-house entity failed to comply with, or include costs for, various solicitation requirements. GAO determined that the agency's post-protest attempts to cure the in-house offer’s deficiencies were "inappropriate" and damaging to "the integrity of the A-76 process" and criticized the agency for failing to perform the independent review mandated by the A-76 process when it reviewed the in-house offeror’s compliance with only one portion of the solicitation, rather than all.

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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].”...