By Hon. Jack Delman
Last week, the Federal Circuit rejected a protest filed by Oracle that challenged the legality of the multi-billion dollar Defense Department JEDI Cloud solicitation. An overview of the key issues follows.
THE SOLICITATION
The DOD issued a solicitation known as the Joint Enterprise Defense Infrastructure (JEDI) Cloud procurement. The solicitation
Latest from Centre Knowledge Blog
A Reminder From the GAO That Corrective Action Is Not The End Of The Road
By Edward W. Bailey,
A recent decision from the GAO serves as an important reminder to contractors that, while agencies typically have broad discretion in determining the scope of any corrective actions they take, contractors may nonetheless challenge an agency’s corrective action if its scope is unreasonably narrow.
In Matter of: Peraton Inc.
Federal Agencies Continued to Exceed Small Business Contract Goals for Fiscal Year 2019
Written by: Heather Mims, Associate Attorney, Centre Law & Consulting
Each year, the Small Business Administration (SBA) publishes an annual scorecard to assess how well federal agencies are performing against their small business and socio-economic prime contracting and subcontracting goals. In addition to reporting agency-specific progress, the scorecard provides accurate and transparent contracting data.
GAO to Incumbents: You Still Have to Submit a “Well-Written Proposal”
By David Warner,
In XTec, Inc., B-418619 (July 2, 2020), the GAO rejected the incumbent contractor’s assertion that the Department of State erred in assessing technical weaknesses that were at odds with the agency’s purported familiarity with XTec’s solution given its performance of the incumbent contract. The GAO decision is a reminder for
GSA Allows Contactors to select SIN subgroups
By JW Butler
Effective August 1, 2020, the General Services Administration (GSA) has provided contractors the ability to update their offering classifications by adding subgroups for products and services under specific Special Item Numbers (SINs).
Under the GSA MAS, SINs play a critical role in the organization of vendors and their offerings. SINs serve
Contracting in the Time of Coronavirus
Written by: Heather Mims, Associate Attorney, Centre Law & Consulting
As we’ve previously written, COVID-19 funding for government contractors is fraught with enforcement and audit risks (while False Claims Act penalties continue to increase). To document this funding, the Government Accountability Office (“GAO”) recently issued a report to Congress titled COVID-19: Opportunities
WOSB Rules and Musings from a Different Time
By Barbara Kinosky,
I finally retrieved my dry cleaning that I had deposited at the cleaners in March. Then Virginia shut down with my dry cleaning hostage in a remote dry cleaning storage location. I was reunited with my clothing this month, but my suit looked like an artifact from another era. It
Part B of Section 889 Legislation Goes Into Effect on August 13, 2020
By JW Butler
Section 889 legislation initially introduced as a part of the Fiscal Year (FY) 2019 National Defense Authorization Act (NDAA) has now been released in Part A and Part B. Both parts have been incorporated into the Federal Acquisition Regulation (FAR) as FAR subpart 4.21 to combat national security and intellectual property
Offeror Fails To Timely Disclose Denial Of Security Clearance – Protest Granted!
By Hon. Jack Delman
In M.C. Dean, Inc., B-418553 (6/15/2020), the GAO recently granted a post award protest on the grounds that an offeror/awardee had actual knowledge, prior to award, that its proposed program manager had been denied a security clearance necessary for performance, but failed to timely notify the agency.
The Solicitation
The
If You See Something, Say Something: COAFC Expands Restrictions on Post-Award Protests
By Edward W. Bailey,
A recent decision by the United States Court of Appeals for the Federal Circuit has expanded restrictions on government contractors’ ability to conduct post-award protests. In Inserso Corp. v. U.S., the United States Defense Information Systems Agency (“DISA”) posted a solicitation, titled Encore III, for the opportunity to sell