In any legal action, it’s critical to understand the standard that the tribunal applies to a claim. Until now, the Federal Circuit–an intermediate federal appeals court immediately below the U.S. Supreme Court–had not articulated the standard for disparate evaluation claims in bid protests. Though not groundbreaking, a recent case provides clarity for attorneys and litigants alike.
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Protester Missed Its Chance to Protest Corrective Action Scope, Says GAO
As we’ve previously discussed here at SmallGovCon, a substantial number of GAO bid protests are resolved through voluntary corrective action. While corrective action is typically a desirable outcome for a bid protest, it by no means affords a protester the opportunity to relax.
Indeed, as one offeror recently discovered, the failure to diligently protest the scope of a corrective action barred raising certain challenges later on.
Continue readingTake Two? GAO Grants Reconsideration of Cost Claim
Requests for reconsideration are rarely granted by GAO and reconsideration of cost claims is even more unique. But GAO recently granted one of these unicorns–recommending additional reimbursement of more than $20,000 to the protester.
Continue readingAgency Bungles Proposal Evaluations; GAO Sustains Protest and Awards Costs
Bid protests are an important part of the federal government’s procurement system. Why? Because sometimes agencies really get the evaluation wrong. They read non-existent requirements into the solicitation; give credit where none is due; and adjust an offeror’s price without forewarning.
Thankfully, in those cases, we have GAO to make course corrections.
Continue readingCourt Denies Protest of Procurement, Holds Dept. of Education Had Rational Basis
The Court of Federal Claims recently wrote that “[t]here is no such thing as a perfect procurement.” To anyone familiar with federal government contracts, this commentary states the obvious.
But springing from the Court’s observation is another important reality: “a flawed procurement is not necessarily an illegal one.”
Continue readingOne Protest Spoils the Bunch
GAO recently dismissed several bid protests to an $82 billion procurement because of the actions of a company that had already lost its protest.
In AECOM Management Services, four different companies protested the U.S. Army’s logistics civil augmentation program procurement for various “Setting the Theater” services for the Army’s Northern Command, Southern Command, African Command, European Command, Central Command, Pacific Command, and Afghanistan.
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