GAO: Subcontracting Plan Required by Solicitation Must be in Proposal

It’s a basic tenet of government contracting that a contractor must comply with the requirements of an agency solicitation. Those are the rules of the game. But in practice, there can be some tricky calls. For instance, what if a solicitation includes a requirement that appears to conflict with the FAR? Does an offeror still have to comply?

A recent GAO decision explored this situation in the context of a solicitation’s requirement for subcontracting plans.

Continue reading

GAO: Lack of Original Bid Guarantee Rendered Bid Nonresponsive

When an agency’s invitation for bids requires the submission of a bid guarantee, a bidder’s failure to include the original bid guarantee at bid opening may render the bid nonresponsive.

In a recent bid protest decision, the GAO held that a procuring agency properly rejected a bid because the bidder provided only a copy of the required bid guarantee with the bid.

Continue reading