GAO sustained a protest recently where the agency seemed to think that a reasonable cost was also a realistic cost.
That is not necessarily so.
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Corrective Action Following Dismissal Request Doesn’t Mean Protester Gets Costs Reimbursed, Says GAO
While GAO’s bid protest process is designed to achieve the laudable goal of providing a less costly process for procurement disputes, pursuing a GAO protest is nevertheless expensive. To offset these expenses, successful GAO protesters may be reimbursed for some of their expenses incurred pursuing a protest.
But what constitutes a successful protest that would entitle a protester to costs? In a recent request, GAO concluded that successfully defending against a motion to dismiss was not enough to entitle a party to costs, despite the fact that the agency subsequently took corrective action.
Continue readingIt’s Not Up to Agency to Clarify Layout and Printing Errors in Proposals, Says GAO
It is well understood that offerors must submit proposals that meet the procuring agency’s requirements, including any page limitations set by the solicitation. But what if an offeror’s proposal contains an obvious layout and printing error that inadvertently puts required information outside the established page limits? Does the agency have a duty to seek clarifications or allow corrections?
GAO says no.
Continue readingProtester 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 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 readingProtester Argues the Agency Played “The Price Is Right” During Discussions
Negotiating with the federal government regarding pricing can sometimes feel like trying to win an RV from Bob Barker. Such was the experience of one protester. The government recommended a price increase during discussions and the contractor raised its price. The price increase, however, ultimately cost the offeror the award.
The agency’s conduct was subsequently protested before GAO, but GAO was not receptive.
Continue readingFederal Supply Schedule Acquisitions Require Price Comparisons to Determine Lowest Overall Cost, Says GAO
In a recent protest, GAO examined the rules for price evaluation and source selection methodology required under the Federal Supply Schedule (FSS) Program. At a minimum, an agency must perform price comparisons to evaluate what vendor will be lowest cost along with any additional features and benefits to the government. Because the FSS solicitation at issue failed to include proper price evaluation terms, GAO sustained a challenge to those terms.
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