Category Archives: GAO Bid Protests

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

GAO: Proposal Deadline Need Not Be Extended If Solicitation Amended

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The GAO has held that the deadline for offerors to submit proposals need not be extended when an agency issues an amendment to the solicitation, unless the failure to extend adversely affects competition or was a deliberate attempt to exclude an offeror.

In a recent GAO bid protest decision, the GAO rejected the protester’s contention that the agency should have extended the proposal deadline to allow offerors more time to respond to two amendments–which were issued three days and one day, respectively, before the proposal due date.

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

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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

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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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VA Refuses To Issue Set-Aside Based On Prospective Offerors’ Experience, Resources

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In a troubling case, the VA recently refused to issue a small business set-aside because responses to a Request for Information indicated that prospective small business offerors lacked similar experience with the VA, and did not currently have available the personnel, equipment and facilities necessary to perform the contract.

The GAO, ignoring the recommendation of the SBA, affirmed the VA’s decision to forego a small business set-aside.

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GAO Bid Protest Jurisdiction And Contract Modifications

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The GAO’s bid protest jurisdiction typically does not extend to reviews of contract modifications.

In a recent GAO bid protest decision, Cornische Aviation & Maintenance, LTD, B-405013.4 (Jan. 25, 2013), the GAO held that the protester’s allegations regarding a contract modification were not within the scope of the GAO’s bid protest function.  The Cornische Aviation GAO bid protest decision demonstrates the GAO’s limited ability (or willingness, depending on one’s point of view) to decide bid protests involving contract modifications.

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GAO: Task Order Discussions Must Identify Weaknesses

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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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Small Business Outscored By Large Company On Small Business Participation Factor

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It sounds like a tale from Bizarro World: under a recent Department of Homeland Security solicitation, a small business received a “Neutral” score for the small business participation factor, while its large competitor was awarded a “Good” score for the same factor.

One might think that the GAO would sustain a bid protest, especially because the small business in question planned to self-perform nearly two-thirds of the contract work.  Think again.  The GAO denied the protest, holding that under the solicitation, offerors could only receive small business participation credit for subcontracting to small businesses, not for self-performing at the prime contract level.

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