GAO bid protest decisions, commentary on GAO bid protest regulations, and related topics.
An 8(a) contract was properly awarded on a sole source basis to a tribally-owned entity, even though the contract was a follow-on to a competitive 8(a) set-aside award.
In a recent decision, the GAO deferred to the SBA’s interpretation of the 8(a) program regulations–which, according to the SBA, allow such sole source awards.
A procuring agency was entitled to evaluate proposals during the course of a pre-award GAO bid protest without violating the automatic stay provision of the Competition in Contracting Act.
According to a recent federal court decision, CICA merely prohibits the award of a contract during the course of a GAO protest, but does not prevent an agency from continuing to evaluate proposals.
Earlier this month, the GAO sustained two protests filed by Latvian Connection LLC–one on a State Department procurement and one on a Department of Interior procurement–because Latvian Connection’s FedBid usage had been suspended. The GAO held that this was improper because the matter had not been referred to the SBA under the SBA’s Certificate of Competency program.
Yesterday, I appeared on In Depth With Francis Rose to discuss the Latvian Connection cases. Please follow this link to listen to the audio of my interview, and don’t forget to tune in to Federal News Radio every weekday from 4:00 to 7:00 p.m. for Francis’s top-notch show.
The GAO has sustained a second protest based upon FedBid’s suspension of a contractor from its system.
For the second time in less than one week, the GAO held that the contractor’s suspension from FedBid–and resulting inability to bid on a contract–was improper because the matter was not referred to the SBA under the SBA’s Certificate of Competency procedures.
A large business was tossed out of a government competition because the company’s small business subcontracting goal was substantially below the agency’s stated goal.
In a recent bid protest decision, the GAO held that the agency acted reasonably when it rated the large business as “unacceptable” for failing to propose a sufficiently high small business subcontracting goal.
The suspension of a small business’s FedBid account was improper because the matter was not referred to the SBA under the SBA’s certificate of competency procedures.
In an important decision for small businesses participating in reverse auctions, the GAO recently held that FedBid could not properly suspend a small business’s user account for a supposed lack of “business integrity,” thereby causing the small business to be ineligible to bid on a federal solicitation, without a referral to the SBA.
A 28-day period was sufficient time for offerors to prepare proposals in response to a solicitation for janitorial and mechanical services.
In a recent decision, the GAO held that, under the circumstances of the procurement, it was reasonable for the agency to allow fewer than 30 days to respond to the solicitation–and noted that the protester’s delayed search for teammates was a “significant reason” for the protester’s own difficulties in submitting a timely proposal.