Good news for contractors: the GAO has ruled that an agency evaluation cannot be based on unimportant or meaningless distinctions, in which the agency appears to care more about the form of an offeror’s proposal than its substance. In Engineering Management & Integration, Inc., B-400356.4 (May 21, 2009), the GAO sustained a protest of a Department of Education contract award, holding that the agency improperly elevated form over substance in its evaluation.
Category Archives: GAO Bid Protests
GAO bid protest decisions, commentary on GAO bid protest regulations, and related topics.
GAO: Agencies May Request Size Recertification on Long-Term IDIQs
Ordinarily, a business is “small” for purposes of a set-aside government contract if it falls below the applicable size standard (determined by NAICS code) on the date of its initial offer. The same policy holds true on long-term indefinite delivery/indefinite quantity contracts: if a business is small for the initial IDIQ award, it is small for subsequent task orders—unless the procuring agency asks for recertification, and the contractor has grown in the interim.
GAO: Post-Award Modifications Unfair; Protest Sustained
An agency cannot make material changes to a solicitation after selecting a contractor for award without going back and giving all offerors the opportunity to compete on the revised solicitation. In Diebold, Inc., B-404823 (June 2, 2011), the GAO sustained a bid protest because the agency failed to allow the protester to compete on the revised solicitation.
GAO: SDVOSBs Preferred Over Veteran-Owned Businesses for VA Procurements
Unlike most agencies, the Department of Veterans Affairs offers contracting preferences for businesses owned by veterans who are not service-disabled. However, as the GAO confirmed in Buy Rite Transport, B-403729, B-403768 (Oct. 15, 2010), even at the VA, service-disabled veteran-owned small businesses are preferred over veteran-owned small businesses.
GAO Sustains Another “Unreasonably Restrictive Solicitation” Bid Protest
If a government solicitation contains a term that is unreasonably restrictive of competition, you may be able to successfully protest the matter to the GAO, which has sustained a number of such bid protests. The GAO’s decision in Missouri Machinery & Engineering Co., B-403561 (Nov. 18, 2010) is a good example of a successful GAO bid protest based on an unreasonably restrictive solicitation term.
Generic OCI Mitigation Plan Torpedoes Contractor’s Award
OCI mitigation plans are one of the most common ways for contractors to address any actual, potential or apparent organizational conflicts of interest that could arise if the contractor won the award. For busy contractors, it’s tempting to simply cobble together a generic OCI mitigation plan, perhaps borrowing liberally from whatever questionable websites pop up in a Google search. But as one contractor discovered in a GAO bid protest decision, an insufficient OCI mitigation plan can lead to very bad results.
Army Rejects Large Prime’s Proposal For Failing to Commit to Small Business Subcontracting
For small government subcontractors, here’s some good news from the U.S. Army. In a recent GAO bid protest decision, the Army eliminated a proposal from consideration because the prime contractor appeared to ignore the small business subcontracting requirement—and the GAO denied the prime’s GAO bid protest.