GAO Recommends Successful Protester Be Placed in MATOC Pool

Multiple-award task-order contracts are becoming an increasingly common feature of government contracting, and many carry very high ceiling values. This places participation in MATOC awards at a premium.

Unsurprisingly, base MATOC awards are being protested with some frequency before GAO. In a recent decision, GAO provided a unique solution for sustaining MATOC protests without causing substantial disruptions: simply adding the successful protester to the pool.

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CPAR Challenge Wasn’t A Viable “Protest,” Says Federal Court

A contractor’s attempt to challenge an adverse Contractor Performance Assessment Report was not a bid protest subject to the bid protest jurisdiction of the U.S. Court of Federal Claims.

In a recent decision, the Court rejected a protester’s creative attempt to challenge a CPAR as part of a bid protest.  Instead, the Court held, a CPAR ordinarily must be challenged through the FAR’s claims and appeals processes–although the Court appeared to leave the door open to bid protest challenges in limited circumstances.

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Large Prime Hit For “Consistent Failure” To Meet Subcontracting Goals

A large prime contractor’s “consistent failure” to meet its small business and socioeconomic subcontracting goals on prior projects resulted in a lower past performance score–and led to the prime’s elimination from the competition.

In a recent bid protest decision, the GAO held that the agency properly eliminated a prospective prime contractor from the competition in part because the large business had not met its subcontracting goals on three recent contracts.

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Past Performance: Agency Need Not Seek Updated Information At Source Selection

Once an agency has completed its past performance evaluation it is not required to seek updated past performance information from offerors.

As demonstrated in a recent GAO bid protest decision, an agency may rely on the most recent past performance information available at the time of evaluation, and is not required to seek more recent information at the time of the source selection.

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