Past performance is an important part of the agency evaluation process—we’ve written about it many times before for a reason. Like other evaluation areas, agencies get a great deal of discretion in evaluating past performance. Perhaps a contractor thinks it has a good past performance record and wants the agency to consider it; perhaps the contractor doesn’t want the agency to ignore a poor past performance record of a competitor. How can a contractor tell when the agency made a reasonable decision not to consider some aspect of past performance? A recent COFC decision showed that the agency cannot ignore adverse past performance in some cases. COFC applied the “too close at hand” doctrine—which says agencies may be obligated to consider information it has during an evaluation, even if the offeror didn’t cite to it. Whether or not an agency’s failure to consider particular information is a violation of this rule or not is a fact-specific inquiry.
Continue readingTag Archives: Navy
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.
Continue readingPlan Ahead to Prevent Proposal Submission Issues, Says GAO
When submitting bids, contractors should always double check their proposal submission methods, whether it be a designated portal, email, or any other method, and do so well before the deadline.
GAO recently had the opportunity to examine proposal submission issues related to a US Navy procurement, and did not show sympathy for the contractor who experienced proposal submission issues right at the deadline.
Continue readingGAO Fends Off ‘Killer Tomato’ Protest
I always knew my legal career would some day overlap with my love of terrible movies, before-they-were-stars trivia, and naval warfare. Today is that day.
When I saw that GAO had dismissed a “killer tomato” protest, several things came to mind. First, I thought, wait, are they talking about “Attack of the Killer Tomatoes“? Then I though, wait, wasn’t George Clooney in that—and didn’t he have a terrible 80’s mullet? Naturally, my curiosity got the best of me. I clicked.
