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GAO Blasts FBI's "Second-Tier" IDIQ Solicitations

Client Alert | less than 1 min read | 10.15.15

In Harris IT Servs. Corp. (Oct. 2, 2015), GAO arrested the FBI's issuance of two solicitations under existing IDIQ contracts because each solicitation called for a single, "second-tier IDIQ instrument" that would deny other, existing IDIQ holders the fair opportunity to compete for future task orders as required by FAR 16.505. GAO also found that the contemplated future task orders could potentially exceed the scope of the underlying IDIQ contracts and contained unduly restrictive specifications.


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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].”...