The U.S. Government Accountability Office (“GAO”) recently dismissed a protest challenging the Department of Homeland Security’s evaluation of the Protester’s proposal and subsequent discussions with the Protester. The GAO found that the Protester’s arguments did not demonstrate that it was next in line for award, rendering the Protester a disinterested party with no standing to … Continue Reading
The U.S. Government Accountability Office (“GAO”) recently sustained a protest challenging the Department of the Navy’s (“Navy”) evaluation of the awardee’s proposed professional employee compensation plan, which was based on a flawed interpretation of the term “professional employee” in the Solicitation. This decision serves as a reminder that the GAO will interpret provisions, clauses, statutes, … Continue Reading
In a recent U.S. Government Accountability Office (GAO) decision, the watchdog sustained a pre-award protest filed by an offeror alleging that the government’s solicitation requirements associated with certain certifications were unduly restrictive of competition. This decision is a reminder that an agency will not withstand a protest of its solicitation terms when it does not … Continue Reading
On April 25, 2022, the Government Accountability Office (“GAO”) dismissed a protest that Defense Solutions Group, LLC (“DSG”) had filed which challenged the Defense Information Systems Agency’s (“Agency” or “DISA”) decision to exclude DSG’s proposal from the competition. DSG argued that its exclusion from the competition for non-compliance with two administrative solicitation requirements was unreasonable. … Continue Reading
On April 25, 2022, the Government Accountability Office (GAO) sustained a protest filed by Rice Solutions LLC, challenging the award of a Department of Health and Human Services Indian Health Service (IHS) contract to SOPOR LLC. Rice Solutions alleged that IHS improperly engaged in discussions with only SOPOR, and not the other offerors, as required … Continue Reading
On April 14, 2022, the Government Accountability Office (GAO) dismissed a protest in the Matter of U.S. Marine Management, Inc. B-420468, finding the protest untimely because the protester filed it more than 10 days after it knew the basis for its grounds of protest and because the protester failed to demonstrate that was is an … Continue Reading
On March 14, 2022, the Government Accountability Office (GAO) sustained a protest (B-420267.3, B-420267.4) filed by Starlight Corporation (Starlight), a small business based in Carlsbad, California, contesting the Air Force’s award of a contract to a competitor. In its protest, Starlight complained that the Air Force’s past performance evaluation was not in accordance with the … Continue Reading
On March 7, 2022, the Government Accountability Office (GAO) dismissed a protest in the Matter of K&K Industries, Inc. B-420422; B-420422.2, finding the protest untimely because it had been filed more than ten days after enhanced debriefing concluded. This decision serves as another reminder that when it comes to bid protest litigation before the GAO … Continue Reading
75% domestic requirement takes effect in 2029 On March 7, the Federal Acquisition Regulatory (FAR) Council issued a final rule changing the “Buy American” requirements for federal contractors. The final rule is very similar to the proposed rule published in July 2021 and it materially changes the regulations at FAR Part 25, which implements the … Continue Reading
Late last year, on December 20, 2021, the Government Accountability Office (GAO), sustained a protest in the Matter of Insight Technology Solutions, Inc. B-420133.2, B-420133.3, B-420133.4 when it found that the Department of Homeland Security, U.S. Immigration and Customs Enforcement (Agency) unreasonably and disparately evaluated the Awardee’s proposal to provide information technology (IT) support services … Continue Reading
On January 26, 2022, the U.S. Office of Management and Budget (OMB) published Memorandum M-22-09, “Moving the U.S. Government Toward Zero Trust Cybersecurity Principles” (the ZTA Memorandum), which requires federal agencies to take a hard look at their cybersecurity controls, and invest in and implement new measures to better protect the government’s networks, systems, and … Continue Reading
On November 4, 2021, the Government Accountability Office (GAO) sustained a protest in the matter of Ashlin Management Group, Inc., B-419472.3; B-419472.4. Ashlin protested the issuance of an order to Booz Allen Hamilton, Inc. (BAH) under the Department of Labor’s Employment and Training Administration’s request for quotations for consulting services connected to the department’s Job … Continue Reading
Consistent with the Biden Administration’s keen focus on improving the nation’s cybersecurity, as articulated in Executive Order 14028 and discussed in greater detail here, the Department of Justice (DOJ) formally announced the launch of its new Civil Cyber-Fraud Initiative (Initiative) on October 6, 2021. The Initiative will “combine the department’s expertise in civil fraud enforcement, … Continue Reading
On September 14, 2021, the Government Accountability Office (GAO) issued a decision in the matter of Marquis Solutions, LLC B-419891, B-419891.2, sustaining a protest. The GAO determined that the Department of Veteran Affairs’ (VA) source selection decision was unreasonable, lacked a meaningful evaluation, and was inconsistent with the terms of its solicitation and applicable statutes … Continue Reading
When it comes to adjectival ratings assigned to proposals during a source selection, a very recent protest decision serves as a reminder that contracting agencies must document with specificity why they are selecting one offeror over another when both have been assigned identical adjectival ratings. In other words, when offerors receive identical adjectival ratings and … Continue Reading
When it comes to proposal evaluation, a recent decision serves as a stark reminder that an agency must consider the plain language of an offeror’s quote in the context of the entire quote or risk having its evaluation decision deemed to be unreasonable. Mayvin, Inc. (Mayvin) filed a protest with the Government Accountability Office (GAO) … Continue Reading
On February 10, 2021 Inmarsat Government Inc. (Inmarsat) filed a protest, which the Government Accountability Office (GAO) sustained in part on May 21, 2021. See Inmarsat Government, Inc., B-419583; B-419583.2, May 21, 2021, 2021 CPD ¶ 215 at 1. Specifically, the GAO found that the Defense Information Systems Agency (DISA) failed to sufficiently mitigate the … Continue Reading
On April 26, 2021 the Government Accountability Office (GAO) issued a decision in the matter of Innovate Now, LLC. B-419546, Apr, 26, 2021 sustaining a pre-award protest challenging the solicitation terms of a cost-plus-fixed-fee type task order. Specifically, GAO sustained the protest on two grounds finding: the Air Force’s requirement that protégé members of a … Continue Reading
On April 2, 2021 the Government Accountability Office (GAO) issued a decision in the matter of Trademasters Service, Inc. dismissing in part and denying in part a protest that challenged the General Services Administration’s (GSA) establishment of a facilities maintenance and management Blanket Purchase Agreement (BPA). See Trademasters Service, Inc. B-418522.2 et al., April 2, … Continue Reading
On March 26, 2021 the Government Accountability Office (GAO) issued a decision in the matter of Cydecor, Inc. B-418165.5, denying a protest that challenged the Department of the Navy’s (DoN) decision to exclude the protester’s expired proposal from the competition. The GAO based its decision on the fact that the agency record showed that the … Continue Reading
Cybersecurity attacks targeting government information have drastically increased, and both the federal government and private industry have struggled to implement effective means of protecting this information. Federal agencies continue to strive for a unified approach to protect critical data; however, the various regulations leave contractors without a clear set of requirements that are applicable to … Continue Reading
