Persistence Pays: GAO Sustains After Fourth Protest Due to Unreasonably Narrow Corrective Action

In its recent decision, Peraton, Inc., B-416916.8, et al. (Aug. 3, 2020), GAO ultimately sustained a protest that the Department of State’s corrective action was unreasonably limited—recommending the protester be reimbursed its protest costs in the process.

For more on how it reached this result, buckle up! Because it was a long road for the protester to reach the GAO sustain.

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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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Small Business Set-Asides Not Required Under NETCENTS-2, Says GAO

The Air Force’s large NETCENTS-2 IDIQ vehicle did not require orders to be set-aside under the small business pool, except for orders valued between the micro-purchase threshold and simplified acquisition threshold.

In a recent decision, the GAO held that although the NETCENTS-2 contract in question says that Contracting Officers “should” perform a “rule of two” small business set-aside analysis for orders valued over the simplified acquisition threshold, it does not require that such an analysis be performed–meaning that Contracting Officers can validly award such orders to large businesses, even if two or more small business NETCENTS-2 holders exist.

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GAO: Task Order Outside Scope of Underlying IDIQ Not Allowed

As agencies look for ways to streamline acquisitions, task and delivery order procurements are becoming increasingly popular. But an agency doesn’t have unfettered discretion to award work under a multiple-award contract; each task or delivery order must be within the scope of the awarded IDIQ.

A recent GAO opinion considers what happens when an agency issues task orders that are outside the scope of the underlying multiple-award contract.

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GAO Can’t Resolve SDVOSB Eligibility Protests

The GAO lacks jurisdiction to determine whether an offeror is a service-disabled veteran-owned small business.

In a recent bid protest decision, the GAO rejected the protester’s creative attempt to convince the GAO to take jurisdiction, and confirmed that, for non-VA acquisitions, the SBA has sole authority to determine whether an offeror is an SDVOSB.

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GAO Confirms: DoD Task Order Protest Threshold Is $25 Million

The GAO ordinarily lacks jurisdiction to consider a protest of a task or delivery order under a DoD multiple-award contract unless the value of the order exceeds $25 million.

In a recent bid protest decision, the DoD confirmed that the 2017 National Defense Authorization Act upped the jurisdictional threshold for DoD task orders from $10 million to $25 million.

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Protesting IDIQ Solicitation Ambiguities at the Task Order Level? Too Late, Says GAO

Patent ambiguities present in the solicitation for an Indefinite Delivery/Indefinite Quantity procurement must be protested prior to the close of proposal submission for the base contract—waiting to protest at the task order level may be too late.

A recent GAO decision shows that when an IDIQ solicitation contains an obvious ambiguity, the rule is “speak now or forever hold your peace.” By the time task order competitions get rolling, the chance to protest will likely be gone.

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