In federal contracting, often times the agencies are given a good amount of leeway in their evaluations and award decisions, so long as the agency followed the solicitation terms. In a recent GAO decision, an agency was reminded by the GAO that it must follow exactly what it wrote in its solicitation when making its award decision. Specifically, past performance criteria must be followed by the agency in evaluation past performance examples.
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GAO Sustain: Offeror’s Failure to Follow Solicitation’s Document Preparation Instructions was Unstated Evaluation Criteria
A recent GAO decision considered whether an agency could reject an offeror’s proposal based on the offeror’s failure to follow document preparation instructions that were not explicitly stated in the solicitation.
In Hometown Veterans Medical, LLC B-422751 (Oct. 11, 2024), the Department of Veterans Affairs (“VA”) issued a request for proposals (“RFP”) from service-disabled veteran-owned small businesses for home oxygen services for patients at the VA’s Birmingham Veterans Medical Center. The RFP stated that offerors would be evaluated on experience and price.
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