For government contractors, trying to predict how COVID-19 might affect a government project can be extraordinarily challenging task. One bidder recently attempted to provide some clarity by stating, in its bid, that COVID-19 was a “force majeure event” and that the bidder would be entitled to extra time if COVID-19 affected the project.
Unfortunately for the bidder, its effort failed: the agency rejected the bid for improperly exceeding the scope of a relevant FAR clause. The GAO then confirmed that the agency had acted properly.
When a contractor submits a sealed bid that includes a mistake, the contractor may be allowed to correct its bid, if there must be clear evidence of the error on the face of the bid.
According to a recent GAO decision, however, absent clear evidence, it is unreasonable for an agency to allow a bid correction.
A would-be protester had no valid basis to allege agency wrongdoing when the protester’s allegation was that the awardee would violate a FAR performance of work clause–but the clause was not included in the solicitation.
In a recent decision, the GAO held (unsurprisingly), that a protester could not challenge the awardee’s supposed failure to comply with FAR 52.236-1 because the clause was omitted from the solicitation.
A procuring agency acted improperly by allowing bidders a mere 15 hours to respond to an amended Invitation for Bids–especially given that most of those 15 hours were outside of ordinary working times.
In a recent bid protest decision, the GAO sustained an offeror’s protest of the 15-hour deadline, holding that the procuring agency had acted improperly by failing to give prospective bidders a reasonable time to prepare and submit amended bids.
When an agency’s invitation for bids requires the submission of a bid guarantee, a bidder’s failure to include the original bid guarantee at bid opening may render the bid nonresponsive.
In a recent bid protest decision, the GAO held that a procuring agency properly rejected a bid because the bidder provided only a copy of the required bid guarantee with the bid.