The Absurdity of Congressional Contracting Perfection

Thes are all sustained protests.

Systems Plus, Inc.; CANN Softtech, Inc.; Dfuse Technologies, Inc.; Red Oak Solutions, LLC; White Oak Solutions, LLC; ShorePoint, Inc; JSSA, Inc.; Knowledge Management, Inc.; 2050 Technology, LLC; JarWare, LLC; iDoxSolutions, Inc.; cFocus Software, Inc.; SOFITC JV, LLC; Spatial Front, Inc.; ImpactOne JV, LLC; Technology Solutions Provider, Inc.; A1FedImpact, LLC; Saliense Consulting, LLC; Xfinion, Inc.; Hendall, Inc.; Syneren Technologies Corp.; iVision, Inc., d/b/a iVision Consulting, Inc.; CWS FMTI JV, LLC; Astor & Sanders Corporation; Computer World Services Corporation; DevTech Systems, Inc.; Criterion Systems, LLC; Cyquent, Inc.; Audacious Inquiry; ICS-TSPi, LLC; SRG-TSPi, LLC; Horizon Industries, Ltd.; MASAI Technologies Corporation; CTIS, Inc.; JCS Solutions, LLC; TSC-ITG JV, LLC; Karsun Solutions, LLC; Neev-KS Technologies, LLC; ASSYST, Inc.; Platinum Business Services, LLC; IS CIO JV; Inserso Corporation; Credence Dynamo Solutions, LLC; Sky Solutions, LLC; Blue Grove Solutions, LLC; Ennoble First-Macro Solutions, LLC; OCT Consulting, LLC; Swain Online, Inc., d/b/a Swain Techs; Katmai Management Services, LLC; Capital Data Partners JV, LLC; Network Management Resources, Inc., d/b/a NMR Consulting; mPower, Inc.; ADG Tech Consulting, LLC; USmax Corporation; Rip Ripple Effect Communications, Inc., d/b/a Ripple Effect; MicroTechnologies, LLC; A Square Group, LLC; eKuber Ventures, Inc.; The Electric On-Ramp, Inc.; MiamiTSPi, LLC; Decision Point Corporation; AgilisTEK, LLC; OM Partners JV 2, LLC; A-Tek, Inc. B-419956.184, B-419956.185, B-419956.186, B-419956.187, B-419956.188, B-419956.189, B-419956.190, B-419956.191, B-419956.192, B-419956.193, B-419956.194, B-419956.195, B-419956.196, B-419956.197, B-419956.198, B-419956.199, B-419956.201, B-419956.202, B-419956.203,et al, Jun 29, 2023.  (July 11, 2023)

When NIH was planning this acquisition, I doubt anyone in the meetings advocating for it pointed out that attorneys' costs are recoverable on a successful protest.

What a mess.  Two years after issuing the solicitation they haven’t completed the first phase!  Considering all the time elapsed since this acquisition started from initial planning, they could have issued RFCs and perhaps addressed some of the issues upfront.

Jacques comment about attorneys fees for successful protests are recoverable is right on.  But just imagine all the governments costs with their own attorneys including GAO.  Of course that’s small compared to the total time and effort of all the government personnel involved.  And they haven’t completed Phase 1 yet!

I said this before a couple times here but GWACS should not involve hundreds of awardees.  What incentive do companies have to offer best prices upfront?  I remember one agency that did a multiple award agency IDIQ pool for IT services.  They had 5 functional/technical areas.  The stated objective in the RFP was awarding a sufficient number of contracts to ensure a forecasted level of reasonable competition (3-5) for each category.  Fair opportunity compliance was relatively quick with just dealing with a small number of responses.  The whole thing was fast and easy.  Imagine how efficient that concept would be applied to a GWAC?

NIH states there have been 350 protests filed with GAO as well as 23 agency level ones.  Not mentioned is the 10 outstanding ones GAO hasn’t ruled on yet

https://nitaac.nih.gov/resources/news/nitaac-statement-gao-protest-decisions

All I can say is “wow” and shake my head

On 7/14/2023 at 5:21 PM, formerfed said:

NIH states there have been 350 protests filed with GAO as well as 23 agency level ones.  Not mentioned is the 10 outstanding ones GAO hasn’t ruled on yet

NIH seems to be resting on the premise that over 350 protests, 120 of which were sustained by GAO in one swoop 2 years into a procurement, is just fine and dandy.  The way they shift the goalposts from "120 sustained protests" to "only three sustained allegations" is masterful (isn't that actually 3 allegations x 120 protests = 360 sustained allegations? 🤪)  

True innovation involves simplification, not more steps/failure points and increased document generation.  That NIH methodology is absolutely ludicrous, evidenced by the fact that NIH has spent two years on this thing and still has not received proposals upon which an award can be made.  That's krazy with a 'k'.

Why not select offerors using a lottery? Select an offeror, determine responsibility, award. Repeat until agency has made the desired number of awards. Put selection process in solicitation. Have public lottery. 

Protest-proof and the chances are you will award to contractors of varying quality. Use quality as an evaluation factor when issuing orders.

I'm not kidding.

Don Mansfield said:

Why not select offerors using a lottery? Select an offeror, determine responsibility, award. Repeat until agency has made the desired number of awards. Put selection process in solicitation. Have public lottery.

I love it.

Alternate Methodology: Thunderdome. Criteria: Must be Strong Like Bull to Win Contract.

I think the lottery can work.  But I believe the first phase of self sourcing or something similar is needed to establish a “bar” for entry.

Lottery - yes!