GAO sustained a protest recently where the agency seemed to think that a reasonable cost was also a realistic cost.
That is not necessarily so.
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Take Two? GAO Grants Reconsideration of Cost Claim
Requests for reconsideration are rarely granted by GAO and reconsideration of cost claims is even more unique. But GAO recently granted one of these unicorns–recommending additional reimbursement of more than $20,000 to the protester.
Continue readingAgency 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.
Continue readingGAO 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.
Continue readingProtester 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.
Continue readingGAO’s Annual Bid Protest Report Reflects Steady Effectiveness Rate
Just a few days ago, GAO issued its annual bid protest report for fiscal year 2019. Overall, while the volume of bid protests was down from previous years, the effectiveness rate of bid protests remained steady at close to 50%.
Continue readingGAO: 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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