Tag Archives: GAO bid protests

Alleged Breach Of Teaming Agreement Not A Procurement Integrity Act Violation, Says GAO

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A contractor’s alleged breach of its teaming agreement did not provide a basis for the agency to conclude that a Procurement Integrity Act violation had occurred.

According to a recent GAO bid protest decision, even if a teammate misuse voluntarily provided confidential information, the misuse does not violate the Procurement Integrity Act.  Moreover, the GAO considers an allegation regarding the breach of a teaming agreement to be a private dispute, falling outside of the GAO’s bid protest jurisdiction.

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GAO: Large Business Can’t Protest Set-Aside Award

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A large business lacked standing to protest an award made under a small business set-aside solicitation, according to a recent GAO bid protest decision.

In Creative Computing Solutions, Inc., B-408704, B-408704.2 (Nov. 6, 2013), the GAO dismissed a bid protest filed by a large business, finding that the protester would not be in line for award even if the protest was sustained.

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E-Verify Bid Protest Tossed Out By GAO

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The GAO has dismissed a bid protest alleging that the awardee of a Defense Logistics Agency contract was not registered in the E-Verify system.

According to the GAO, a contractor’s E-Verify registration is a matter of contract administration to be addressed after award, and thus outside of the GAO’s bid protest jurisdiction.

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Sex, Lies, & Bid Protests: Adultery-Based Challenge Fails at GAO

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An alleged adulterous relationship between a Navy program manager and a contractor support employee did not provide a basis to challenge the Navy’s award to a different contractor.

The GAO’s recent decision in Harris IT Services Corporation, B-408546.2, B-408546.3 (Oct. 31, 2013) involved more salacious allegations  than one typically encounters in a bid protest case, but the GAO’s ruling was no surprise: after all, the awardee was not the company employing the allegedly unfaithful employee.

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Agency Pays 72.6% Price Premium; GAO Upholds Award

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I often caution would-be bid protesters that when it comes to “best value” procurements, the GAO gives agencies wide discretion to pay a price premium for a proposal evaluated as superior.

Case in point: a recent bid protest decision in which the GAO upheld the procuring agency’s decision to pay a whopping 72.6% price premium.

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GAO: SDVOSB Improperly Downgraded For Not Identifying Its Subcontractors

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A SDVOSB was improperly downgraded for not identifying its subcontractors in its proposal, according to a recent GAO bid protest decision.

In Coburn Contractors, LLC, B-408279.2 (Sept. 30, 2013), the GAO held that the VA improperly applied an unstated evaluation criterion by requiring that the protester identify its subcontractors, because according to the solicitation, a subcontractor list was only required at the task order level.

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Past Performance: Agency Properly Considered Project Size

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A procuring agency appropriately considered the size of offerors’ past performance projects in evaluating proposals, even though project size was not expressly stated as an evaluation factor.

According to a recent GAO bid protest decision, contractors should assume that project size may be considered whenever past performance is evaluated, because size bears on the relevancy of a past performance project.

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