Agency’s FedBizOpps Slip-Up Leads to Sustained GAO Protest

The GAO has made it clear that contractors are considered to have “constructive knowledge” of items agencies post on the FedBizOpps website.  When agencies post on FedBizOpps, though, they must properly classify the posted information, or a GAO bid protest will be sustained, as was the case in TMI Management Systems, Inc., B-401530 (September 28, 2009).

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C’mon, Prove It: Contractor Rejected Because It Cannot Prove Agency Received Proposal

When a contractor submits its proposal information to an agency, the contractor should be careful to preserve evidence—a fax receipt, “sent” email, or, better yet, a FedEx or certified mail confirmation, showing that the agency received it.  Otherwise, as the GAO held in Industrial Construction & Trading Co., B-403849 (Dec. 13, 2010), the contractor is out of luck if the agency says it did not receive the document.

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