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GAO Protest Further Delays Government Efforts to Clear Investigations Backlog

Client Alert | 1 min read | 04.04.17

Those hoping the Office of Personnel Management’s IDIQ contract for investigative services for the National Background Investigations Bureau will alleviate the investigations backlog for industry personnel with clearances through the Defense Security Service (DSS) will have to wait a few more months due to two GAO protests filed in February 2017, with a decision to be issued no later than May 24, 2017. The pending IDIQ contract is one of several measures the government has taken to ease the security investigations backlog, following a DSS announcement on January 6, 2017 that it would submit cleared contractor personnel with a TS (and other Tier 5) clearance for periodic reinvestigation every six years, versus the previous five-year standard. The policy extending the reinvestigation period in turn followed DoD guidance that eligible personnel should not be denied access based on an out-of-scope-investigation.

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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].”...