GAO Denies Challenge to Solicitation Terms: Use of “Tactical” Was Imprecise, but Allowable

In the world of federal contracting, precision matters. In fact, precision is often essential when developing a winning proposal. When it comes to subjective evaluation considerations, however, it can be challenging to articulate relevant evaluation criteria with a high level of precision. Indeed, as one prospective offeror recently discovered, some evaluation terms are good enough for government work, despite being imprecise.

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GAO: Work Must Remain Set Aside for 8(a) Participants Because Not a “New Requirement”

In a recent decision, Eminent IT, LLC, B-418570 (June 23, 2020), GAO held that the Department of State improperly removed a requirement from the SBA’s 8(a) program where the solicitation did not create a “new requirement.”  

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Protester Goes Seven for Seven in Arguments Before GAO

Veterans of the bid protest process know that it’s not uncommon for a protester to make half a dozen arguments and prevail on only one.

Know what that’s called? A win. But when a protester goes seven for seven, you have to tip your cap.

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Room for Improvement: GAO Reviews Agency Oversight of Small Business Subcontracting Plans

Recently, GAO published a report on small business subcontracting plan compliance, concluding that agency oversight of these plans need improvement.

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COVID-19 Lockdown No Excuse for Late Filing, GAO says

In a recent bid protest decision, GAO said being under a COVID-19 “Stay at Home Order” was no reason to miss a comments filing deadline.

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GAO Rules RFQ Requirement Unreasonably Restricted Competition

In recent GAO decision, Booz Allen Hamilton, Inc., B-418449 (Comp. Gen. May 18, 2020), GAO reminded the Marine Corps to make sure its RFQ requirements were reasonable—and in line with the underlying contract.

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Removing a Price Realism Evaluation is a Material Change, Says GAO

Price realism—the evaluation of whether a proposed price is too low—is a method the government may use to evaluate fixed price offers to ensure that offerors are proposing pricing that reflects an understanding of the work required by the solicitation.

Prices that are unrealistically low can result in proposal elimination. This means price realism is an important consideration when preparing a bid. But what if an agency decides after proposal submission that a price realism evaluation will not be performed? In a recent decision, GAO confirmed that offerors must be given the opportunity to revise their proposals.

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