What are federal contractors supposed to do when FedBid (now
Unison) requests additional information related to a proposal and the awarding
agency ignores that information in its awarding decision?
GAO recently held that the agency must consider all information gathered by reverse auction providers.
The GAO has suspended a protester for “abusive litigation practices,” for the second time.
Last year, the GAO suspended Latvian Connection LLC from participating in the GAO bid protest process for one year, after the firm filed 150 protests in the course of a single fiscal year. Now, citing “derogatory and abusive allegations,” among many other concerns, the GAO has re-imposed its suspension–this time, for two years.
Earlier this month, the GAO sustained two protests filed by Latvian Connection LLC–one on a State Department procurement and one on a Department of Interior procurement–because Latvian Connection’s FedBid usage had been suspended. The GAO held that this was improper because the matter had not been referred to the SBA under the SBA’s Certificate of Competency program.
Yesterday, I appeared on In Depth With Francis Rose to discuss the Latvian Connection cases. Please follow this link to listen to the audio of my interview, and don’t forget to tune in to Federal News Radio every weekday from 4:00 to 7:00 p.m. for Francis’s top-notch show.
The GAO has sustained a second protest based upon FedBid’s suspension of a contractor from its system.
For the second time in less than one week, the GAO held that the contractor’s suspension from FedBid–and resulting inability to bid on a contract–was improper because the matter was not referred to the SBA under the SBA’s Certificate of Competency procedures.
The suspension of a small business’s FedBid account was improper because the matter was not referred to the SBA under the SBA’s certificate of competency procedures.
In an important decision for small businesses participating in reverse auctions, the GAO recently held that FedBid could not properly suspend a small business’s user account for a supposed lack of “business integrity,” thereby causing the small business to be ineligible to bid on a federal solicitation, without a referral to the SBA.
A procuring agency acted unreasonably by leaving a voicemail for a winning bidder requiring confirmation of the bid within 45 minutes of the voicemail.
In a recent GAO bid protest decision, the GAO found that the winning bidder had already confirmed its bid by responding to a Bid Validation request sent by the FedBid electronic reverse auction system. Under these circumstances, the agency’s second request for a bid validation–with a very short response time–was improper.