Legal Blog

Edward Tolchin Featured In Bloomberg BNA Federal Contracts Report

GAO: Army Corps of Engineers Didn't Document Award Rationale

By Daniel Seiden

Aug. 15 — The Army Corps of Engineers didn't properly document its decision to award a Superfund cleanup task order to be performed in South Dakota, the Government Accountability Office (GAO) held ( Arcadis U.S. Inc. , GAO, B-412828, 6/16/16, decision released 8/12/16).

Therefore, the Army Corps should re-evaluate proposals and terminate the award if it doesn't represent the best value to the government, the GAO said.

The evaluation was clearly unreasonable, Patrick T. Rothwell, an associate at PilieroMazza PLLC, told Bloomberg BNA. “The evaluators found many weaknesses in the protester's technical proposal due to cost concerns, even though the task order was issued on a full fixed-price basis,” he said. “Given the fact that the agency apparently didn't find that the protester's technical approach failed to meet the requirements of the solicitation, there was no reason for the technical evaluation to focus on costs.”

Edward J. Tolchin, a principal at Offit Kurman, called the Army's documentation “haphazard and confusing,” and justified the GAO second-guessing the technical evaluation.

The Army Corps issued a request for proposals (RFP) to firms holding contracts under a contract vehicle called the Multiple Environmental Government Acquisition, Unrestricted Pre-Placed Remedial Action Contracts, Multiple-Award Task Order Contract.

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ABOUT EDWARD TOLCHIN

Social Media PolicyEdward Tolchin is a Principal and Chair in the firm’s Government Contracting practice group. Mr. Tolchin’s practice is focused on government contracting, business litigation, and technology matters. In government contracting issues, Mr. Tolchin represents prime and subcontractors in contract negotiation and formation matters and in disputes involving both government and commercial business issues. He has been involved in procurement cases before many of the federal and state boards of contract appeal, Government Accountability Office, Small Business Administration, United States Court of Federal Claims, Court of Appeals for the Federal Circuit and other federal and state courts across the United States. His business litigation practice involves large and small matters in federal and state courts and before numerous arbitration panels. Many of Mr. Tolchin’s cases have involved complicated partnership and corporate control, ownership, and acquisition disputes. In the technology arena, Mr. Tolchin has assisted in disputes, licensing, and business development matters for clients ranging from startups to Fortune 500 companies.

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 120 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our eight offices serve individual and corporate clients in the Maryland, Delaware, New Jersey, and Northern Virginia markets, as well as the Washington DC, Baltimore, Philadelphia, and New York City metropolitan areas. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

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