GAO Won’t Resolve Alleged Corporate Espionage Dispute

In a recent GAO bid protest, IBM Corp. accused a subcontractor of giving its proposal to a competitor.

GAO dismissed the accusation, explaining that at its core, alleged corporate espionage is a disagreement between two parties, not a contractor and the federal government and therefore not an appropriate matter for resolution in a bid protest.

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SCOTUS to Hear Arguments on Agency Power

Oral arguments are to be held today (March 27, 2019) on a U.S. Supreme Court case that may dramatically reduce federal agency power.

The case, Kisor v. Wilkie, asks the Supreme Court to overturn longstanding precedent which established that an agency’s interpretation of its own regulation deserves deference so long as it is reasonable. If the Supreme Court overturns this precedent, it could change the balance of power—in favor of government contractors—in certain disputes with agencies.

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Don’t Forget the Email Attachment—Protest Denied

A protester recently lost an effort to get an agency to consider a late proposal arguing that it was emailed to the agency on the due date.

Even though the quote would have been less expensive than the awardee’s and this was a lowest-price technically-acceptable procurement, GAO denied the protest finding that the email was a few hours late and did not include the attached quotation.

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Thank You, Wyoming!

I’ve just returned from Casper, Wyoming, where I had the pleasure of presenting at the annual GRO-Biz Conference & Idea Expo. It was a great opportunity to meet new folks and learn about issues facing the government contracting community.

Special thanks to the Wyoming Procurement Technical Assistance Center for organizing the event along with the Wyoming Small Business Development Center, the Small Business Administration, the Wyoming Business Council and the University of Wyoming. Oh, and U.S. Senator Mike Enzi.

While getting there was a bit of an adventure (thanks United Airlines!) it truly was a great time and great event. Hope to see you again soon.

GAO Dismisses Protest Where Proposal was Unacceptable

In a protest before GAO, prejudice is an essential element. Even if GAO might agree that an agency’s action was improper, it will not sustain a protest where the protester would not have received the award anyway.

That’s what happened in the protest of Benaka Inc., B-416836 et al. (Dec. 16, 2018).

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