Tag Archives: GAO bid protests

GAO Bid Protests Rise 5% In FY 2012

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Contractors filed 2,475 GAO bid protests in Fiscal Year 2012, a five percent increase from the prior year, according to the GAO’s annual bid protest report to Congress.  The GAO’s annual report indicated that “sustain” decisions were up slightly from the prior year, while the overall “effectiveness rate” of protests–a combination of sustain decisions and agency corrective actions–held steady at 42%.

Meanwhile, the VA was the only procuring agency to ignore GAO recommendations–something the VA did repeatedly in the Aldevra line of cases.

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Single Negative Past Performance Reference Sinks Contractor’s Bid

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Past performance is a key ingredient in most competitive government procurements.  Even if a contractor’s overall past performance record is excellent, a single blemish can damage the contractor’s chances of award.

In a recent GAO bid protest decision, the agency relied on a single adverse past performance reference to assign the contractor a poor past performance rating–even though the contractor strongly disagreed with the adverse reference.  The GAO held that there was nothing wrong with the agency’s past performance evaluation.

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GAO Has Jurisdiction Over BPA Modification Protests

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The GAO has jurisdiction to decide protests challenging modifications to blanket purchase agreements, according to a recent GAO protest decision.  In Crewzers Fire Crew Transport, Inc., B-406601 (July 11, 2012), the GAO rejected a procuring agency’s argument that BPA modifications are a matter of contract administration, and thus outside the GAO’s protest jurisdiction.

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Proposal Ambiguity Torpedoes Contractor’s Bid

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Sometimes, unintentional ambiguities can lead to a few laughs.  One website, for instance, reports funny ambiguous newspaper headlines, such as “Kids Make Nutritious Snacks” and “Juvenile Court to Try Shooting Defendant.”

When it comes to bids and proposals, however, ambiguities are no laughing matter.  As one contractor discovered in a recent GAO bid protest decision, a procuring agency may reject a contractor’s bid if it contains an ambiguity regarding a material solicitation requirement.

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GAO Bid Protest Timeliness: Read That Government Email Right Away!

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GAO bid protest timeliness can be one of the most frustrating aspects of GAO bid protests.  Typically, unless the contractor receives a debriefing, any post-award protest must be filed within ten days after the contractor knew or “should have” known of the basis of protest.

The “should have known” portion of the GAO bid protest timeliness rule has tripped up contractors for years, and continues to do so.  In Golight, Inc., B-401866 (Sept. 10, 2009), the GAO held  that a disappointed offeror “should have” known of its basis for protest on the day the contractor received an email—even though the recipient didn’t open the email until several days later.

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