Category Archives: GAO Bid Protests

GAO bid protest decisions, commentary on GAO bid protest regulations, and related topics.

Don’t Rely on Auto-Generated EPDS Filing Emails, says GAO

Posted on by

Earlier this year, GAO unveiled its new Electronic Protest Docketing System (“EPDS”) for bid protests. EPDS serves as the central filing system for all bid protests pursued before GAO. As a courtesy, EPDS will automatically generate a courtesy email notice anytime a new document is filed with GAO.

In a recent Request for Reconsideration, however, GAO was asked to reconsider its dismissal of a protest after the protester failed to receive the automatically-generated EPDS notice that the Agency Report had been filed. GAO held that the protester in question couldn’t rely on its failure to receive the email to avoid the ordinary timeliness rules applicable to GAO bid protests.

Continue reading →

2018 GAO Bid Protest Report Shows 44% Success Rate, With Little Change Compared to Prior Years

Posted on by

The holiday season is upon us, time for cherished traditions. If you’re anything like us at Koprince Law, one of these traditions is reviewing the GAO’s annual bid protest report.

The overall picture I got from the report, while perhaps not the best clickbait, is that GAO bid protest figures have remained remarkably steady over the past few years. As it has been for the last few years, close to 50% of protests succeed. This stability is a story worth repeating.

Continue reading →

Under FAR Part 16 Task Order Solicitation, Agency Can Establish Competitive Range Without Notification

Posted on by

Under FAR Part 15 negotiated procurements, an agency must give notice and an opportunity to request a debriefing to offerors eliminated from the competitive range. But the notice requirement does not apply for task and delivery order procurements under FAR Part 16 where FAR Part 15 is inapplicable.

A recent GAO decision highlights this distinction.

Continue reading →

GAO Fends Off ‘Killer Tomato’ Protest

Posted on by

I always knew my legal career would some day overlap with my love of terrible movies, before-they-were-stars trivia, and naval warfare. Today is that day.

When I saw that GAO had dismissed a “killer tomato” protest, several things came to mind. First, I thought, wait, are they talking about “Attack of the Killer Tomatoes“? Then I though, wait, wasn’t George Clooney in that—and didn’t he have a terrible 80’s mullet? Naturally, my curiosity got the best of me. I clicked.

Continue reading →

SBA Mentor-Protégé Joint Ventures: Even GAO Appears a Tad Confused

Posted on by

The SBA’s All Small Mentor-Protégé program offers a tremendous opportunity for participants to pursue set-aside contracts as joint venture partners.  But misunderstandings and misconceptions about how SBA mentor-protégé joint ventures work are pervasive.

One very common misconception is that the SBA must pre-approve a mentor-protégé joint venture.  In most cases, that’s not so.  In a recent bid protest decision, even the GAO appeared a little confused, repeatedly mentioning SBA approval of a joint venture even though no such approval was required for the contract in question.

Continue reading →

GAO: Competition Alone Doesn’t Mean Prices are Reasonable

Posted on by

When the federal government awards a contract, the government must ensure that the price it pays is “fair and reasonable.”  In other words, the government cannot pay a price that is too high.

If a contract is awarded on the basis of competitive proposals, an agency may be able to establish price reasonableness by comparing the prices proposed by competing offerors.  But as demonstrated in a recent GAO bid protest decision, competition alone doesn’t mean that the prices received are reasonable–the government still must compare offerors’ prices to determine reasonableness.

Continue reading →

GAO: WOSB Set-Asides and Sole Sources are Discretionary, not Mandatory

Posted on by

Historically, Uncle Sam has struggled to meet its WOSB contracting goals. It wasn’t until 2015, in fact, that the government first met its WOSB contracting goal and, since then, has continued to struggle to meet it.

Thankfully, agencies are authorized to use set-asides and sole-source awards to increase WOSB participation. But as a recent GAO decision shows, an agency isn’t required to use either procedure.

Continue reading →