HDR farblog

Contractors, the writing is on the wall for controlled unclassified information

If you are a government contractor that must maintain an information system for the government under a contract, you will want to take note of a recent document issued by the National Institute of Standards and Technology (NIST) of the U.S. Department of Commerce: “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” NIST Special Publication 800-171.

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Competitive prejudice—an essential element for a winning bid protest

On October 31, 2014, the Government Accountability Office (GAO) denied three protests by companies bidding on providing information technology required by the U.S. Army Materiel Command.

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Government contractors can’t discriminate on the basis of sexual orientation or gender identity

On July 21, 2014, President Obama signed Executive Order 13672, entitled “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,” adding sexual orientation and gender identity to the list of prohibited forms of employment discrimination. This Executive Order amended prior Executive Orders 11246 (President Johnson, 1965) and 11478 (President Nixon, 1969), which prohibited discrimination on the basis of race, color, religion, sex, or national origin.

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Competitive prejudice and latent ambiguity

In a bid protest filed by SunGard Data Systems, Inc. (B-410025, Oct. 10, 2014), the Government Accountability Office (GAO) addressed whether latent ambiguity in a work statement can prejudice a bidder.

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Bid protest succeeds because agency failed to properly document evaluation

In a bid protest filed by Swets Information Services (B-410078, Oct. 20, 2014), the Government Accountability Office (GAO) sustained a protest based upon inadequate documentation of the agency’s evaluation. However, the agency denied the protest on other grounds, including protester’s challenge that the agency’s past-performance evaluation was erroneous, because the protester failed to show it was prejudiced as a result of the alleged error.

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