A procuring agency was entitled to evaluate proposals during the course of a pre-award GAO bid protest without violating the automatic stay provision of the Competition in Contracting Act.
According to a recent federal court decision, CICA merely prohibits the award of a contract during the course of a GAO protest, but does not prevent an agency from continuing to evaluate proposals.
A 28-day period was sufficient time for offerors to prepare proposals in response to a solicitation for janitorial and mechanical services.
In a recent decision, the GAO held that, under the circumstances of the procurement, it was reasonable for the agency to allow fewer than 30 days to respond to the solicitation–and noted that the protester’s delayed search for teammates was a “significant reason” for the protester’s own difficulties in submitting a timely proposal.
A procuring agency was not at fault when an offeror’s emailed proposal “bounced back” because of the large size of the email.
In a recent decision, the GAO applied the general rule that it is “an offeror’s responsibility to deliver its proposal to the proper place at the proper time” and held that the agency was not to blame when its email server rejected the large email containing the offeror’s proposal.
A prospective contractor has the right to file a GAO bid protest challenging an agency’s refusal to set aside a solicitation for small businesses–but only if the protest is filed before the proposal deadline.
In a recent protest decision, the GAO applied the longstanding rule that “alleged improprieties in a solicitation that are apparent prior to the closing time for receipt of initial proposals be filed before that time,” and held that an agency’s failure to issue a set-aside is an “alleged impropriety” to which the timeliness rule applies.
When bid protest document is emailed to the GAO, the document must timely arrive at the GAO’s official protest email address (protests@gao.gov), or the document is not timely filed.
As one protester recently learned the hard way, a GAO protest filing cannot be accomplished by emailing a protest document to any other email address–including the individual “gao.gov” email address of the GAO attorney handling the protest.
The GAO lacked jurisdiction to consider the protest of a “bridge” task order valued under $10 million, even though the original order related to the bridge exceeded the $10 million threshold.
In a recent bid protest decision, the GAO held that it had no legal basis to consider the value of the original order in determining whether it had jurisdiction to decide a protest related to a bridge order.
Contrary to a common misconception, a contractor need not list the solicitation’s NAICS code in its SAM profile in order to qualify for contract award.
In a recent bid protest decision, the GAO confirmed that the government may award a contract to a small business even if the awardee does not list the solicitation’s NAICS code in its SAM profile.