The costs of filing a bid protest can dissuade some protesters from submitting bid protests. One silver lining for protesters is a recommendation for reimbursement of costs upon a sustained decision. However, even when GAO says a protest is “clearly meritorious”, the protest may still be dismissed prior to GAO issuing a decision.
What happens when an agency takes corrective action in the face of a likely sustained GAO decision? One protester recently found out.
While most of our get-togethers these days involve mask wearing, social distancing, and even virtual happy hours, spending time with friends is a great way to keep spirits light. Unfortunately for one group of friends, their weekly hangouts led GAO to conclude in its recent decision, Teledyne Brown Engineering, Inc., B-418835 (Sept. 25, 2020), that NASA had to cancel a more than $650 million deal and start the procurement process all over.
If we’ve said it once, we’ve said it a thousand times: when it comes to submitting your GAO protest, meeting GAO’s strict timeliness requirements is a must. So is watching out for notices on contract awards posted online. In Prudential Protective Services, LLC, B-418869 (Aug. 13, 2020), the protest was dismissed as untimely because it was filed more than 10 days after notice of the award was posted to beta.SAM.gov.
In its recent decision, Peraton, Inc., B-416916.8, et al. (Aug. 3, 2020), GAO ultimately sustained a protest that the Department of State’s corrective action was unreasonably limited—recommending the protester be reimbursed its protest costs in the process.
For more on how it reached this result, buckle up! Because it was a long road for the protester to reach the GAO sustain.
Time. It’s a great Pink Floyd song. It’s also something that frequently trips up contractors filing protests before GAO. As one contractor recently discovered, a challenge to the salient characteristics of a brand name product is equivalent to challenging the terms of a solicitation, which carries a different protest deadline than evaluation challenges.
Unfortunately for the protester, its argument did not fair nearly as well as one of David Gilmour’s solos.
We here at Koprince Law have been seeing a lot of GAO bid protests lately, but for those of you unfamiliar with the Government Accountability Office and what it means to file a bid protest, this video is for you:
For more information, or if you need assistance filing your GAO protest, learn more about how we can help here.
GAO recently awarded the reasonable costs of filing and pursuing a protest to an agency’s evaluation and award decision, after finding that the agency unduly delayed corrective action in response to a clearly meritorious protest.