Sometimes, one tiny word can make all the difference. I never truly realized the difference that one word could make until I started law school and the important distinction between “shall” and “may” was engrained into my brain. And this concept can certainly apply to the federal contracting world. In government contracting, a single word can establish the scope of a solicitation requirement, shape how an agency evaluates proposals, and ultimately determine which contractor gets the contract. The word “all” is a good example, and a recent GAO decision illustrates just how much weight that one three-letter word can carry. Specifically, GAO held that the solicitation requirements applied to all submitted carrier commitment letters, not just those that were minimally required.
Continue readingCategory Archives: GAO Bid Protests
GAO bid protest decisions, commentary on GAO bid protest regulations, and related topics.
Let’s Clarify and Discuss: GAO Explains the Difference Between Clarifications and Discussions
When do an agency’s communications with an offeror amount to a clarification, and when do they cross the line into a discussion? That’s exactly what this post will discuss and, hopefully, clarify for you. Understanding the distinction between clarifications and discussions is important because the type of communication an agency has with an offeror can affect an offeror’s ability to address issues or make changes to their proposal. A recent GAO decision explores the difference between clarifications and discussions and offers insight into when each type of communication may be appropriate.
Continue readingGAO: Forgotten Certification Dooms JV Award
Forming a small business joint venture and utilizing it for federal contracts can at times be quite tedious. Often businesses can feel intimidated by the various required joint venture agreement terms in the SBA’s joint venture regulations and the reporting requirements placed on joint ventures. But complying with the SBA’s joint venture regulations can make or break a contract award, especially if the regulations are made a material requirement of a solicitation. The GAO recently issued an opinion which should serve as a warning to all small business joint ventures to make sure to follow all SBA joint venture regulations when bidding on a contract award or potentially risk the award itself.
Continue readingIt Wasn’t a Catch-22: GAO Finds the File Naming Conventions Were Clearly Stated in the Solicitation
A catch-22 is an impossible, no-win situation where you are caught between two conflicting requirements, and complying with one makes it impossible to comply with the other. When a bid protest turns on whether an agency’s instructions were clear or whether a contractor was put in a catch-22, the solicitation is often the best place to look for the answer. However, a recent GAO decision illustrates that not every difficult or unfavorable outcome constitutes a catch-22, and that sometimes the answer to a contractor’s problems is right in front of them.
Continue readingWhen Today Becomes the Next Business Day: GAO’s Strict Rules for the Timely Submission of Bid Protests to Solicitation Terms
What time does the day end? Most people would answer that a day ends at midnight. However, a recent GAO decision highlights that, for purposes of filing a pre-award bid protest with the GAO, the business day ends at 5:30 p.m. ET when the GAO closes its doors for the day. Confusingly, this can result in a protest that was technically filed on a Friday after 5:30 p.m. ET, not actually being filed until Monday, the next business day. A recent GAO decision explores this phenomenon and clarifies filing deadlines for pre-award bid protests challenging solicitation terms, especially in the case where an offer deadline is after GAO’s close of business.
Continue readingGAO Sustains Protest Due to Agency’s Inadequate Documentation and Unequal Evaluation of Offerors
As regular SmallGovCon readers surely know, federal agencies have a great deal of discretion when procuring products and services. Protesters are often facing an uphill battle in attempting to demonstrate an agency abused that discretion in making an award. This is because typically, so long as the agency properly documents its decision making process, sticks to the solicitation terms, and there is documentation in the record that reasonably supports the agency’s decision, GAO will rule in the agency’s favor. Nevertheless, there are occasions when the agency will apply evaluation criteria unevenly, or base its decision on facts or considerations that are not allowed under the Solicitation. This is precisely what happened in a recent GAO protest which resulted in a win for the protester, and serves as a great reminder for contractors as to what situations may result in a successful bid protest.
Continue readingFederal Circuit Refuses to Apply Stricter Injunctive Relief Test to GAO Stays
We have noted in past posts that, in some cases, it may make sense to protest a solicitation evaluation or award decision at GAO simply to get a stay on the award. This is because, if you meet certain deadlines, a stay of award and performance is automatically placed on the procurement for the duration of the protest. Now, there are circumstances in which an agency can override this stay, but the burden is on the agency to show such an override is necessary. The Federal Circuit confirmed this is the case in Life Science Logistics, LLC v. United States, 172 F.4th 1357 (Fed. Cir. 2026), in which an agency tried to get the higher burden for a preliminary injunction placed on GAO protesters. This decision suggests that agencies may think more carefully about attempting overrides of stays going forward.
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