Agencies Must Not Delay Evaluating the Merits of Protests, Says GAO

It is decently well-established that GAO will recommend protesters be reimbursed for protest related costs when an agency unduly delays in taking prompt corrective action. In a recent GAO decision, however, the Navy argued the question of undue delay should be evaluated from the time the Navy fully understood the extent of its error, not the initiation of the protest.

GAO was not convinced.

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Section 809 Panel Recommends Changes to Domestic Purchase Preferences

The Section 809 panel is the Congressionally-mandated group that has made a number of far-reaching recommendations to change current programs that affect DOD acquisitions.

Another one of their ideas is to eliminate certain domestic purchasing preferences by having Congress create exceptions for DOD purchases and create a public interest exception for the Berry Amendment. The panel’s concern is that the purchasing restrictions can result in higher prices, reduced volume, or delivery delays.

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Inconsistency Killed the Cat: GAO Sustains Protest Where Agency Inconsistently Evaluated Proposal

GAO generally defers to an agency’s judgment when it comes to the evaluation of proposals. This deference flags, however, when an agency evaluates competing proposals inconsistently; or, in other words, treats offerors disparately.

Let’s take a look at how GAO, in a recently sustained protest, found that the agency’s evaluation was unreasonable.

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SmallGovCon Week In Review February 18, 2019-February 22, 2019

Another week; another snow storm. As with much of the country, lovely Lawrence Kansas is thawing out from yet another midweek snow deluge.  

For those of you looking to escape the snow for a bit, we’ve got a fresh set of stories in this week’s news including misbehaving contractors, the success of PTAC in Little Rock, a contract war in space, and Snoop Dogg giving back to SDVOSBs.  

Kick your feet up, put on some D-O-double-G, and have a great weekend! 

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GAO Denies Costs in Deja Vu Protest

One GAO protester is starting to feel like Bill Murray’s character from Groundhog Day, and not in a good way. In a recent series of protests, a contractor challenged the terms of various solicitations as unduly restrictive of competition. These protests resulted in successive corrective actions.

Growing weary of continually protesting the same issue without tangible resolution, the protester finally requested GAO recommended it be reimbursed for its costs. Unfortunately for the protester, GAO had less sympathy for its situation.

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