GAO Protests: Unfair “Pop Quiz” Leads to Sustain Decision

My least favorite college class was a physics course, supposedly for non-majors, which I took only to meet my graduation requirements.  One week, we spent a great deal of class time going over some rather complex material in the main textbook.  The following week, the professor gave a pop quiz–on completely different material, which I (along with many of my classmates) had not read very closely.  Needless to say, I thought the whole thing was rather unfair.

A recent GAO bid protest decision brought back those unpleasant memories.  In Rocamar Engineering Services, Inc., B-406514 (June 20, 2012), an agency gave an extra test to an unprepared contractor–and only that contractor.  Fortunately, unlike my grade in that physics course, the result of this unfair pop quiz was overturned, by way of a sustained GAO protest.

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GAO: HUBZone Price Preference Not Optional

When a contract contains FAR 52.219-4, the so-called “HUBZone price preference” clause, a procuring agency must apply the HUBZone price preference by adding a factor of 10 percent to the price of all other offerors, except HUBZone firms and otherwise successful small businesses.

For procuring agencies, applying the HUBZone price preference is not optional.  In Explo Systems, Inc., B-404952 (July 8, 2011), the GAO sustained a bid protest because the procuring agency failed to apply the HUBZone price preference.

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A Victory for Common Sense: GAO Refuses to Allow Agency To Elevate Form Over Substance

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.

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