Here in Kansas, it is certainly starting to feel like thunderstorm season–and one of my favorite seasons, I might add. But over in D.C., some may say it is starting to feel like protest season! That said, anyone familiar with the protest process at D.C.’s Government Accountability Office (GAO) is probably also quite familiar with the strict timeliness rules GAO applies to such protests. And frankly, even for the seasoned GAO protesters, a refresher on the timeliness rules can be quite beneficial–especially given the answer to when a certain type of protest is due is not always an easy calculation. So, let’s take it back to the basics and run through some of those rules here.Continue reading
Tag Archives: GAO Jurisdiction
GAO: Non-Procurement Regulations No Grounds for Protest
The grounds for GAO protests are numerous, ranging from vague terms in a solicitation to showing that an awardee’s proposal lacked needed information. However, they are not unlimited. One protester argued that the terms of a solicitation were inconsistent with regulations concerning mortgage insurance. Unfortunately for them, that isn’t something GAO will consider.Continue reading
GAO Clarifies Increase-the-Scope Exception For Task Order Jurisdiction
GAO may only consider protests to civilian agency task or delivery orders under $10,000,000 if the protests allege that the order increases the scope, period, or maximum value of the underlying contract. GAO recently dismissed a case for lack of jurisdiction where the protester relied on the underlying contract’s ordering clause to argue that the agency’s amendment to the evaluation scheme was “out of scope.” Let’s take a look.Continue reading
YouTube Tuesday: Why Should You File Bid Protests at GAO?
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.
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An Agency’s Broken Promise is Not GAO’s Problem
GAO recently dismissed a challenge to the terms of a solicitation—even though those terms directly contradicted the procuring agency’s promise made during a prior protest of the solicitation. Is that right? Let’s take a look.Continue reading
COFC: No Jurisdiction Over Bundling of Contracts into Task Order
When considering where to file a bid protest, you have options at the agency level, Government Accountability Office, and Court of Federal Claims. But not all options are available for protests of task and delivery order awards. The Court of Federal Claims recently reminded a protester that it lacks jurisdiction over task and delivery orders, even where an agency is proposing to bundle multiple separate contracts into one task order.Continue reading
No Time for Sleep? GAO says Short Bid Window was Reasonable
The protester in a recent mattress procurement case won’t sleep easy after GAO’s decision. In Warrior Service Company, B-417612 (Aug.16, 2019), GAO reminded protesters that one week can be a reasonable amount of time to allow bids.Continue reading