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Court Reviews Decision to Stop Using SBA 8(a) Contract

Client Alert | less than 1 min read | 09.02.10

In K-Lak Corp. v. U.S. (Aug. 3, 2010), the Court of Federal Claims determined that it has jurisdiction to consider the claims that the Air Force had improperly decided to remove a requirement for credit reports from the 8(a) Program and instead had procured the reports through a GSA schedule in order to obtain lower prices. The court explained that, for purposes of determining its bid protest jurisdiction, the definition of "procurement" is broad and encompasses the agency's initial process of determining its needs.

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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].”...