Tag Archives: Bid Protests

Protest sustained because offeror with actual knowledge failed to notify agency of a key employee’s unavailability

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

Protest sustained because agency evaluation lacked sufficient detail for its disparate conclusions

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

Protest sustained because tradeoff decision was not sufficiently documented

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

Context counts when it comes to proposal evaluations

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

Pre-award protest sustained after agency releases contractor’s proprietary information

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

Pre-award protest sustained due to regulatory violations and ambiguity

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

Reiterating well-established principles, GAO dismisses Protester’s cost realism argument and denies Protester’s unequal discussions arguments

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

Proposal expirations can be costly in the procurement context

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

Contractor successfully uses GAO pre-award protest to modify solicitation

When the terms of a solicitation run contrary to the regulations, challenging the solicitation in a pre-award protest may provide contractors the chance to shift the tide in their favor before bids are submitted and an award is made. In January 2020, the Government Accountability Office (GAO) sustained a pre-award bid protest brought by Noble … Continue Reading

European Court of Justice Mandates Broader Use of Competitive Tendering in Defense Procurement

This post was written by Peter Teare, Alexandra A. Nelson, and Lorraine M. Campos. A landmark ruling of the European Court of Justice last month has significantly restricted the ability of EU governments to use sole-source or negotiated procedures with selected suppliers for purchases of defense and security equipment. In a case concerning the purchase … Continue Reading
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