Playing Games? GAO Requires NASA to Scratch $650 Million Contract Due to Foosball Snafu

While most of our get-togethers these days involve mask wearing, social distancing, and even virtual happy hours, spending time with friends is a great way to keep spirits light. Unfortunately for one group of friends, their weekly hangouts led GAO to conclude in its recent decision, Teledyne Brown Engineering, Inc., B-418835 (Sept. 25, 2020), that NASA had to cancel a more than $650 million deal and start the procurement process all over.

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Ring Ring! GAO Sustains Protest of Awardee’s Conflict of Interest

Agencies have broad discretion when it comes to evaluating potential organizational conflicts of interest–but that discretion isn’t unlimited. In a recent decision involving a fight between two telecommunications giants, the GAO sustained the protest, holding that the the agency unreasonably concluded that there was no possibility of an “impaired objectivity” OCI arising from the award.

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GAO Rejects Innuendo-Based OCI Disqualification

Thinking about hiring an employee of the incumbent contractor for your next bid? If so, make sure to protect yourself from disqualification based on an organizational conflict of interest.

In a recent bid protest by Archimedes’ Global, Inc., the GAO reversed the Government’s decision to exclude Archimedes from consideration for a bid when an alleged OCI was based on mere innuendo and supposition instead of hard facts supported by the record.

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Joint Ventures & OCIs: A Cautionary Tale

For small government contractors, joint ventures can be an important vehicle for successfully pursuing larger and more complex opportunities.  As the SBA’s All Small Mentor-Protege Program enters its second full year, the popularity of joint ventures seems to be increasing significantly.

But joint ventures aren’t immune from the FAR’s rules governing organizational conflicts of interest. In a recent decision, the GAO held that an agency properly excluded a joint venture from competition where one of the joint venture’s members–through its involvement in a second joint venture–had assisted in the preparation of the solicitation’s specifications.

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GAO Finds Offeror’s Protest of OCI Exclusion Untimely

To be timely, a GAO bid protest challenging the terms of the solicitation must be filed no later than the proposal submission deadline.

A recent GAO decision affirmed that, at least in some cases, this deadline applies to an offeror’s elimination from competition based on an organizational conflict of interest. Because the offeror knew of its potential conflict and the agency’s position on its eligibility before its proposal was submitted, its post-evaluation protest was untimely. GAO dismissed its protest.

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GAO: Agency Cannot Ignore Apparent Conflict

When a procuring agency knows of an apparent organizational conflict of interest, but makes no effort to resolve the issue, the resulting award is improper.

In a recent GAO bid protest decision, GAO held that it is impermissible for an agency to simply ignore a known conflict (or apparent conflict).  Interestingly, GAO never determined whether the conflict helped or hurt the business’s efforts at winning the award. It said essentially that it did not matter. Because a conflict existed, the agency knew about it, and did nothing, the award was flawed.

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GAO: No OCI Where Information Wasn’t Competitively Useful

Access to corporate information on another contract will not result in an information organizational conflict of interest when the information accessed is not competitively useful to the present solicitation.

As a bid protester recently discovered in DV United, LLC, B-411620, B-411620.2 (Sept. 16, 2015), the mere fact that the successful offeror had access to one of its team member’s information on another government contract did not result in an information organizational conflict of interest because the information was not competitively useful.

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