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:
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 reading
It’s generally a pretty high bar to argue the ol’ “bait and switch” concerning what personnel will actually perform a contract. But specifically naming a crucial employee of the incumbent in your proposal—without ever talking to that employee about working on the new contract—can meet the bar in a GAO protest.Continue reading
The Runway Extension Act has been a hot topic for federal government contractors. And as of this writing, the issue of the Act’s effectiveness hasn’t been conclusively decided—though SBA says the Act isn’t yet effective, others (including us, in various posts on this blog) have disagreed with this analysis. A recent GAO decision decided a protest based on the Runway Extension Act.Continue reading
Your company has submitted a proposal for a Lowest-Priced, Technically Acceptable acquisition. To your surprise, you find out another company has submitted a technically acceptable offer with the same price. Equally surprising, the solicitation does not contain any provisions instructing the agency on how to pick from otherwise equal bids. So what is the contracting officer to do – issue an order for a standoff, a la the O.K. Corral? (For the record, we do not advise this as a viable method of conflict resolution.)
Fortunately, GAO encourages a less drastic solution–use of the contracting officer’s reasonable discretion.Continue reading
The U.S. Air Force cannot buy sporks, at least not in many situations.
One would think that the recently passed $700 billion defense bill would provide a little wiggle room for the military to buy paper plates and utensils for its civilian contractors, but, according to the GAO, that is not necessarily the case.