June 5, 2014
As a general rule, agencies cannot award a contract on a basis fundamentally different from the basis upon which the competition was conducted. GAO recently confirmed this principle, noting that where there is a significant change in the government’s quantity requirements, the agency must inform all offerors of the revised requirements, and give them an opportunity to submit proposals…
June 2, 2014
In a fairly straightforward opinion, the Government Accountability Office (GAO) denied a protest challenging the award of a contract based on the argument that the Department of the Army improperly evaluated price proposals. In Dynamix Consulting Corporation, Inc., B-409501 (Comp. Gen. May 1, 2014), GAO reminded protesters that the evaluation of a proposal is a matter…
May 20, 2014
A recent protest demonstrates that while an agency source selection authority (SSA) may disagree with the agency evaluators, and can conduct an independent reevaluation of proposals, the SSA’s independent judgments must be reasonable, consistent with the stated evaluation factors, and adequately documented. That was not the case in Prism Maritime, LLC, B-409267.2; B-409267.3…
May 19, 2014
The Government Accountability Office (GAO) recently reminded bidders that even if they think their overall prices are clearly ascertainable from their bids, an agency can and will reject a bid if the agency disagrees. In Croman Corp., B-409496 (Comp. Gen. April 29, 2014), the GAO upheld the agency’s decision to reject Corman’s lowest-priced bid as nonresponsive for…
May 5, 2014
The recent Government Accountability Office (GAO) decision, InTec, LLC, B-408178.4 (Comp. Gen. Feb. 12, 2014), affirms the vital importance of making clear your proposal meets all the solicitation requirements. As this case illustrates, offerors whose proposals fail to demonstrate strict compliance with solicitation requirements have a hard time winning protests alleging…
May 1, 2014
Given the broad discretion granted agencies in connection with their award decisions, the likelihood of a successful protest sometimes seems unreasonably low. However, in McGoldrick Construction Services Corporation, B-409252.2 (Comp. Gen. March 28, 2014), the Government Accountability Office (GAO) reminds us that protests can still be won – if you can show the agency…
April 28, 2014
A recent decision by SBA’s Office of Hearings and Appeals (OHA) serves as an important reminder that size protests must be sufficiently specific to survive dismissal. Jenn-Kans Disposal Service, No. SIZ-5549 (April 11, 2014). While this standard isn’t new, the decision provides important guidance on the kinds of information a protester must include in order to pass muster. It also serves as a…
April 22, 2014
You might think that below-cost bids would provide a clear basis for challenging an award. If you did, you’d be wrong. As the Government Accountability Office (GAO) makes clear in JCMCS, B-409407 (Comp. Gen. April 8, 2014), the question of whether a bidder can perform at its bid price implicates the agency’s determination of the offeror’s responsibility, which the GAO…
April 15, 2014
The U.S. Government Accountability Office (GAO) recently sustained three protests challenging an almost one-half billion dollars, nine-year, sole source award by the U.S. Department of Agriculture, U.S. Forest Service (Forest Service) – an award made pursuant to a settlement agreement resolving an earlier bid protest. Coulson Aviation (USA) Inc.; 10 Air Tanker Air Carrier, LLC;…
April 8, 2014
The Court of Federal Claims (COFC) recently sustained another corrective action challenge, and enjoined the Veterans Administration (VA) from proceeding with the challenged award. Manus Medical, LLC v. United States (“Manus-3”), No. 14-26C (Fed. Cl. March 19, 2014). The Court stated that “[t]his is a relatively simple case made more complicated by some curious…
April 7, 2014
A recent decision by the Government Accountability Office (GAO) serves as a reminder that, absent limitations established by the agency, discussions and a call for final proposal revisions allow offerors to revise any aspect of their proposals.
Medical Receivables Solutions, B-409358 (Comp. Gen. March 19, 2014) involved the Army’s award of an IDIQ contract with…
March 31, 2014
One of the long-recognized advantages of mentor-protege joint ventures is to enable a developing company to shore up and expand its past performance experience by claiming the past performance experience of its mentor. This advantage is particularly significant in view of the ever-increasing importance being accorded to past performance in best value procurements.
The Government Accountability…
June 5, 2014
As a general rule, agencies cannot award a contract on a basis fundamentally different from the basis upon which the competition was conducted. GAO recently confirmed this principle, noting that where there is a significant change in the government’s quantity requirements, the agency must inform all offerors of the revised requirements, and give them an opportunity to submit proposals…
June 2, 2014
In a fairly straightforward opinion, the Government Accountability Office (GAO) denied a protest challenging the award of a contract based on the argument that the Department of the Army improperly evaluated price proposals. In Dynamix Consulting Corporation, Inc., B-409501 (Comp. Gen. May 1, 2014), GAO reminded protesters that the evaluation of a proposal is a matter…
May 20, 2014
A recent protest demonstrates that while an agency source selection authority (SSA) may disagree with the agency evaluators, and can conduct an independent reevaluation of proposals, the SSA’s independent judgments must be reasonable, consistent with the stated evaluation factors, and adequately documented. That was not the case in Prism Maritime, LLC, B-409267.2; B-409267.3…
May 19, 2014
The Government Accountability Office (GAO) recently reminded bidders that even if they think their overall prices are clearly ascertainable from their bids, an agency can and will reject a bid if the agency disagrees. In Croman Corp., B-409496 (Comp. Gen. April 29, 2014), the GAO upheld the agency’s decision to reject Corman’s lowest-priced bid as nonresponsive for…
May 5, 2014
The recent Government Accountability Office (GAO) decision, InTec, LLC, B-408178.4 (Comp. Gen. Feb. 12, 2014), affirms the vital importance of making clear your proposal meets all the solicitation requirements. As this case illustrates, offerors whose proposals fail to demonstrate strict compliance with solicitation requirements have a hard time winning protests alleging…
May 1, 2014
Given the broad discretion granted agencies in connection with their award decisions, the likelihood of a successful protest sometimes seems unreasonably low. However, in McGoldrick Construction Services Corporation, B-409252.2 (Comp. Gen. March 28, 2014), the Government Accountability Office (GAO) reminds us that protests can still be won – if you can show the agency…
April 28, 2014
A recent decision by SBA’s Office of Hearings and Appeals (OHA) serves as an important reminder that size protests must be sufficiently specific to survive dismissal. Jenn-Kans Disposal Service, No. SIZ-5549 (April 11, 2014). While this standard isn’t new, the decision provides important guidance on the kinds of information a protester must include in order to pass muster. It also serves as a…
April 22, 2014
You might think that below-cost bids would provide a clear basis for challenging an award. If you did, you’d be wrong. As the Government Accountability Office (GAO) makes clear in JCMCS, B-409407 (Comp. Gen. April 8, 2014), the question of whether a bidder can perform at its bid price implicates the agency’s determination of the offeror’s responsibility, which the GAO…
April 15, 2014
The U.S. Government Accountability Office (GAO) recently sustained three protests challenging an almost one-half billion dollars, nine-year, sole source award by the U.S. Department of Agriculture, U.S. Forest Service (Forest Service) – an award made pursuant to a settlement agreement resolving an earlier bid protest. Coulson Aviation (USA) Inc.; 10 Air Tanker Air Carrier, LLC;…
April 8, 2014
The Court of Federal Claims (COFC) recently sustained another corrective action challenge, and enjoined the Veterans Administration (VA) from proceeding with the challenged award. Manus Medical, LLC v. United States (“Manus-3”), No. 14-26C (Fed. Cl. March 19, 2014). The Court stated that “[t]his is a relatively simple case made more complicated by some curious…
April 7, 2014
A recent decision by the Government Accountability Office (GAO) serves as a reminder that, absent limitations established by the agency, discussions and a call for final proposal revisions allow offerors to revise any aspect of their proposals.
Medical Receivables Solutions, B-409358 (Comp. Gen. March 19, 2014) involved the Army’s award of an IDIQ contract with…
March 31, 2014
One of the long-recognized advantages of mentor-protege joint ventures is to enable a developing company to shore up and expand its past performance experience by claiming the past performance experience of its mentor. This advantage is particularly significant in view of the ever-increasing importance being accorded to past performance in best value procurements.
The Government Accountability…
