Agency Bungles Proposal Evaluations; GAO Sustains Protest and Awards Costs

Bid protests are an important part of the federal government’s procurement system. Why? Because sometimes agencies really get the evaluation wrong. They read non-existent requirements into the solicitation; give credit where none is due; and adjust an offeror’s price without forewarning. Thankfully, in those cases, we have GAO to make course corrections.

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GAO Sustains Protest Where Contract Modification Fell Outside the Contract’s Scope

GAO protests typically address issues that occur before contract award. For example, GAO will review a solicitation’s terms. It will also review an agency’s evaluation of proposals submitted in connection with a solicitation. But as a general rule, GAO won’t insert itself into disputes arising after award, which fall under the contract administration umbrella. But there is an exception–and an important one . . . one that all federal contractors should be aware of.

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Protester Hits the Trifecta: Bid Protest Sustained, Denied, and Dismissed

GAO issued a bid protest decision that sustained a protest in part, dismissed it in part, and denied it in part. Contractors can learn from this that even if all the arguments do not work, all it takes is one.

High Noon Unlimited, Inc. protested the U.S. Marine Corps decision to buy rifle magazine pouches off High Speed Gear, Inc. There was a large difference in price between the two offerors, with High Noon offering approximately $2.2 million while High Speed charged just under $3.6 million.

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GAO: Protest Failed to Establish Legal Reason to Sustain

When protesting at GAO, it’s important to explain not only what you believe the agency did wrong, but also the legal significance of that departure.

That’s what Trinity Global Consulting learned recently when GAO dismissed its protest.

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