Protester Missed Its Chance to Protest Corrective Action Scope, Says GAO

As we’ve previously discussed at SmallGovCon, a substantial number of GAO bid protests are resolved through voluntary corrective action. While corrective action is typically a desirable outcome for a bid protest, it by no means affords a protester the opportunity to relax. Indeed, as one offeror recently discovered, the failure to diligently protest the scope of a corrective action barred raising certain challenges later on.

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Agency Bungles Proposal Evaluations; GAO Sustains Protest and Awards Costs

Bid protests are an important part of the federal government’s procurement system. Why? Because sometimes agencies really get the evaluation wrong. They read non-existent requirements into the solicitation; give credit where none is due; and adjust an offeror’s price without forewarning. Thankfully, in those cases, we have GAO to make course corrections.

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Court Denies Protest of Procurement, Holds Dept. of Education Had Rational Basis

The Court of Federal Claims recently wrote that “[t]here is no such thing as a perfect procurement.” To anyone familiar with federal government contracts, this commentary states the obvious. But springing from the Court’s observation is another important reality: “a flawed procurement is not necessarily an illegal one.”

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One Protest Spoils the Bunch

GAO recently dismissed several bid protests to an $82 billion procurement because of the actions of a company that had already lost its protest.

In AECOM Management Services, four different companies protested the U.S. Army’s logistics civil augmentation program procurement for various “Setting the Theater” services for the Army’s Northern Command, Southern Command, African Command, European Command, Central Command, Pacific Command, and Afghanistan.

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GAO Bid Protest Process: Read our “Contract Management” Magazine Article

GAO’s bid process can be difficult to understand. There are rules about who can file a bid protest and what issues can be protested. And the deadlines for filing are strict and unforgiving.

In the February 2019 issue of Contract Management Magazine (the monthly publication of the National Contract Management Association), we provide a plain English overview of GAO’s bid protest process. We think that, whether you’ve been a federal government contractor for many years or just a few, you’ll find it informative. The magazine has kindly allowed us to post the article. Click here to view and happy reading!