GAO recently sustained a challenge to an agency’s award decision where the awardee failed to provide a required letter of commitment for an individual proposed for a key personnel position. GAO said that the awardee failed to satisfy a material solicitation requirement, making the agency’s award improper.
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GAO Sustains Challenge Based on Misrepresentation of Incumbent Staff Availability
It’s generally a pretty high bar to argue the ol’ “bait and switch” concerning what personnel will actually perform a contract. But specifically naming a crucial employee of the incumbent in your proposal—without ever talking to that employee about working on the new contract—can meet the bar in a GAO protest.
Continue readingOfferor’s Employee Relocation Plan May Have Posed Retention Risk, Says GAO
An offeror’s plan to relocate a significant number of employees after the first year of a task order may have posed a risk to the offeror’s ability to retain qualified staff.
In a recent bid protest decision, the GAO held that it was unreasonable for a procuring agency to fail to consider the potential risks of an offeror’s plan to move a portion of its workforce to a different geographical area in order to take advantage of the relatively lower wages of that area.