Category Archives: GAO Bid Protests

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

Task Order Labor Categories Don’t Match Schedule Contract; GAO Sustains Protest

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The GAO sustained a protest of the award of a GSA Schedule task order because the labor categories awarded under the task order were outside the scope of the awardee’s underlying GSA Schedule contract.

In a recent bid protest decision, the GAO held that the awardee’s GSA Schedule labor category–management analyst–did not align with the task order solicitation’s requirement for research analysts, general consultants, and legal administrative specialists.  As a result, the task order award was improper.

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SBA “Adverse Impact” Analysis Not Required For Large Business

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The SBA was not required to conduct an “adverse impact” analysis before placing a procurement under the 8(a) program because the company requesting the adverse impact analysis was not a small business under the incumbent contract.

In a recent bid protest decision, the GAO held that the incumbent contractor–which, according to the SBA, had violated the ostensible subcontractor affiliation rule–was not entitled to insist on an adverse impact analysis.

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FedBizOpps Searches: Be Thorough (Or Be Out Of Luck)

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If one type of FedBizOpps search does not turn up a solicitation, try a different search–or run the risk of missing the solicitation.

That is the message to contractors from a recent GAO bid protest decision, in which an offeror was unable to discover a VA opportunity by searching the “Place of Performance” field on FedBizOpps.  As it turned out, the solicitation would have popped up if the offeror had tried other types of FedBizOpps searches, and the GAO held that it was the offeror’s responsibility to more thoroughly attempt to locate the solicitation.

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GAO Task Order Jurisdiction: No Exception For “Bridge” Order

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The GAO lacked jurisdiction to consider the protest of a “bridge” task order valued under $10 million, even though the original order related to the bridge exceeded the $10 million threshold.

In a recent bid protest decision, the GAO held that it had no legal basis to consider the value of the original order in determining whether it had jurisdiction to decide a protest related to a bridge order.

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NAICS Codes & SAM: Listing Solicitation’s Code Not Required

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Contrary to a common misconception, a contractor need not list the solicitation’s NAICS code in its SAM profile in order to qualify for contract award.

In a recent bid protest decision, the GAO confirmed that the government may award a contract to a small business even if the awardee does not list the solicitation’s NAICS code in its SAM profile.

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GAO: Subcontracting Plan Requirement Applies Broadly

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When a Contracting Officer determines that subcontracting possibilities will exist under a qualifying unrestricted contract, subcontracting plans are required from all offerors other than small businesses–including entities that do not intend to issue any subcontracts.

In a recent bid protest decision, the GAO rejected a protester’s argument that the subcontracting plan requirement is to be determined on an “offeror by offeror” basis, and held that the requirement to provide a subcontracting plan is broadly applied.

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Joint Ventures And GAO Protests: Protester Must Have “Standing”

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For a member of a joint venture to file a GAO bid protest on behalf of the joint venture, the member must have the authority to do so.  If a JV Member’s authority to act is in question, the GAO will dismiss the protest for lack of standing.

In a recent decision, the GAO dismissed a bid protest filed by a joint venture member because the other joint venture member disputed the protester’s right to act on the joint venture’s behalf.

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