GAO: Agency Need Not Consider Omitted Past Performance Information

An agency has no obligation to consider outside information bearing on an offeror’s past performance when the offeror fails to include information in its proposal.

In a recent bid protest decision, the GAO concluded that an agency had no obligation in its past performance evaluation or cost evaluation to import and consider favorable information the offeror could have, but did not include in its proposal.

Continue reading

Prime Doesn’t Submit Teaming Agreement, Loses Evaluation Credit

A prime contractor submitting a proposal for a design-build project was not entitled to take advantage of the experience of its designer because the prime failed to submit a teaming agreement between itself and the designer.

In a recent bid protest decision, the GAO held that the agency properly viewed the designer as a subcontractor, and acted reasonably–under the specific terms of the solicitation–in refusing to award experience credit for the designer’s work because the prime did not submit a teaming agreement. Continue reading

Large Business’s Unmet Subcontracting Goals Result In “Marginal” Score

A large business was appropriately awarded a “Marginal” score for small business participation based on the large business’s history of failing to meet its small business subcontracting goals.

In a recent bid protest decision, the GAO held that the procuring agency properly assigned the large business a low score based on the large business’s history of unmet subcontracting goals, even though the large business apparently pledged to subcontract a significant amount of work to small businesses under the solicitation in question.

Continue reading

GAO: Agency Unreasonably Failed To Consider Incumbent Employees’ Salaries

A procuring agency unreasonably assigned an awardee an “Outstanding” score for its proposal to retain a large portion of the incumbent workforce, even though the awardee intended to offer the incumbent employees significantly lower salaries than the employees were earning on the incumbent contract.

In a recent bid protest decision, the GAO held that it was unreasonable for the agency to fail to consider whether the differences in compensation would affect the awardee’s ability to recruit and retain the incumbent workforce.

Continue reading

GAO: 45-Minute Bid Confirmation Deadline Was Unreasonable

A procuring agency acted unreasonably by leaving a voicemail for a winning bidder requiring confirmation of the bid within 45 minutes of the voicemail.

In a recent GAO bid protest decision, the GAO found that the winning bidder had already confirmed its bid by responding to a Bid Validation request sent by the FedBid electronic reverse auction system.  Under these circumstances, the agency’s second request for a bid validation–with a very short response time–was improper.

Continue reading

Subcontracting Plan Discrepancy Proves Costly To EAGLE II Offeror

A discrepancy in a business’s subcontracting plan may have cost the offeror its shot at a position on the enterprise acquisition gateway for leading-edge solutions II IDIQ contract.

As demonstrated in a recent GAO bid protest, the business was downgraded on the small business participation factor because of a discrepancy in its proposal regarding subcontracting with SDVOSBs.  Without the discrepancy, the large business might have landed a slot on EAGLE II.

Continue reading

Proposal Re-Evaluation: Protester’s Scores Could Be Lower Than In Original Evaluation

When a procuring agency re-evaluates proposals in response to a protest, the agency need not stick with the results of the original evaluation.

As demonstrated in a recent GAO bid protest decision, when an agency re-evaluates proposals, it is expected that the re-evaluation could result in different findings and conclusions–including new conclusions that are not favorable to the protester.

Continue reading