Contractor Proposes Unavailable Key Employee, GAO Sustains Protest

A contractor’s proposal to use an unavailable employee to fill a key personnel position caused the GAO to sustain a competitor’s protest.

In a recent bid protest decision, the GAO concluded that a offeror failed to satisfy a material solicitation requirement concerning key personnel where the employee included in the proposal left the offeror’s employment–and the agency knew that the employee was not available to perform the contract.

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GAO: Agency Discussions Need Not Include “New” Weakness

In a recent bid protest decision, the GAO held that an agency did not fail to provide an offeror with meaningful discussions about an evaluated weakness in the offeror’s staffing approach because the aspect of the staffing plan deemed to be a weakness was introduced in the offeror’s final proposal revision, or FPR.

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Contractor Misses Solicitation’s Past Performance Requirement; Gets High Score Anyway

A contractor was awarded an “Excellent” past performance score despite submitting only three past performance references, not the five past performance references required by the solicitation.

Although one might think that a contractor would be penalized for failing to satisfy such a requirement, the GAO held that the procuring agency properly gave the contractor in question a high past performance score, based on the three submitted references and past performance information obtained from other sources.

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GAO: Agency Should Have Considered Experience Of Contractor’s Personnel

A procuring agency’s assignment of a “significant weakness” on the basis of a contractor’s supposed lack of experience was unreasonable because the agency did not consider the experience of the contractor’s personnel.

In BAE Systems Technology Solutions & Services, Inc., B-405664, B-405664.2 (Dec. 12, 2011), the GAO sustained a bid protest, holding in part that the agency erred by overlooking the experience of the protester’s personnel.

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GAO: Agency Failed To Identify Proposal Weaknesses In Discussions

A procuring agency failed to conduct meaningful discussions where it merely asked a contractor to clarify its understanding of a certain portion of the solicitation, rather than informing the contractor of specific proposal weaknesses relating to that same portion of the solicitation.

The GAO’s bid protest decision in Nexant, Inc., B-407708, B-407708.2 (Jan. 30, 2013) demonstrates that when an agency has identified specific weaknesses in a contractor’s proposal, discussions must be sufficiently detailed to enable the contractor to understand the agency’s concern and have the opportunity to improve its proposal.

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GAO: Task Order Discussions Must Identify Weaknesses

An agency must identify weaknesses or deficiencies in an offeror’s proposal when the agency conducts discussions as part of a task order competition, according to a recent GAO bid protest decision.

In Mission Essential Personnel, LLC, B-407474, B-407493 (Jan. 7, 2013), the GAO held that a procuring agency erred by failing to inform an offeror of two weaknesses or deficiencies in its proposal.  The GAO concluded that discussions must include this information even when the procurement is a task order competition conducted under FAR part 16.

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GAO: “5-7 Days” Is Not “7 Days”

“What a Difference a Day Makes,” goes the classic song.

For one contractor, a day–or rather, two days–made a  big difference in its proposal evaluation.  Although the solicitation called for offerors to save laboratory specimens for 7 days, the offeror’s proposal stated that it saves specimens “5-7 days.”  Not surprisingly, the GAO found that the procuring agency properly assigned the offeror a weakness.

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