GAO: Email Filings Must Timely Arrive At Official Address

When bid protest document is emailed to the GAO, the document must timely arrive at the GAO’s official protest email address (protests@gao.gov), or the document is not timely filed.

As one protester recently learned the hard way, a GAO protest filing cannot be accomplished by emailing a protest document to any other email address–including the individual “gao.gov” email address of the GAO attorney handling the protest. Continue reading

Subcontracting Goals Missed; Incumbent’s Past Performance Score Lowered

A large incumbent contractor was properly assigned a mere “satisfactory confidence” past performance rating because the large business failed to meet its small business subcontracting goals under four of the five contracts it submitted for evaluation.

In a recent bid protest decision, the GAO upheld the agency’s assignment of a satisfactory confidence score to the large incumbent–despite the incumbent’s strong performance in many areas–because of the incumbent’s failure to satisfy its subcontracting goals.

Continue reading

GAO: “Mechanical” Cost Realism Evaluation Was Improper

An agency’s cost realism evaluation was improper because the agency “mechanically” compared an offeror’s proposed staffing to an undisclosed government estimate.

In a recent bid protest decision, the GAO held that it was improper for the agency to apply its own estimates for labor hours and costs without considering the protester’s unique technical approach.

Continue reading

Task Order Size Status Based On Proposal Date, Not Award Date

A contractor was eligible for award of a small business set-aside task order because the contractor was “small” as of the date of its task order proposal–even though the contractor outgrew the size standard by the time the task order was awarded.

In a recent bid protest decision, the GAO held that a contractor may qualify for the award of a set-aside task order based on the date of its initial proposal, even in cases where the agency is prohibited from taking small business credit for the award.

Continue reading

Task Order Labor Categories Don’t Match Schedule Contract; GAO Sustains Protest

The GAO sustained a protest of the award of a GSA Schedule task order because the labor categories awarded under the task order were outside the scope of the awardee’s underlying GSA Schedule contract.

In a recent bid protest decision, the GAO held that the awardee’s GSA Schedule labor category–management analyst–did not align with the task order solicitation’s requirement for research analysts, general consultants, and legal administrative specialists.  As a result, the task order award was improper.

Continue reading

SBA “Adverse Impact” Analysis Not Required For Large Business

The SBA was not required to conduct an “adverse impact” analysis before placing a procurement under the 8(a) program because the company requesting the adverse impact analysis was not a small business under the incumbent contract.

In a recent bid protest decision, the GAO held that the incumbent contractor–which, according to the SBA, had violated the ostensible subcontractor affiliation rule–was not entitled to insist on an adverse impact analysis.

Continue reading

FedBizOpps Searches: Be Thorough (Or Be Out Of Luck)

If one type of FedBizOpps search does not turn up a solicitation, try a different search–or run the risk of missing the solicitation.

That is the message to contractors from a recent GAO bid protest decision, in which an offeror was unable to discover a VA opportunity by searching the “Place of Performance” field on FedBizOpps.  As it turned out, the solicitation would have popped up if the offeror had tried other types of FedBizOpps searches, and the GAO held that it was the offeror’s responsibility to more thoroughly attempt to locate the solicitation.

Continue reading