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protest

This tag is associated with 59 posts

Offeror Unintentionally Files Size Protest, Confuses SBA OHA

A communication to a contracting officer taking issue with an awardee’s size can be treated as a size protest–even if the offeror making the communication didn’t intend to file a size protest. Continue reading

Bankruptcy Pending, But Contractor Still Wins Award

Contracting officers have wide discretion to determine that a business can perform the work in question—even if the business is about to enter bankruptcy. Continue reading

Failure to File Timely Comments Leads to Dismissed Protest 

When my nephew started kindergarten, his vocabulary expanded to include a new phrase: “Rules are rules, and you have to follow the rules!” Continue reading

“In Scope” vs. “Out of Scope” Modifications: GAO Explains The Difference

An “out of scope” modification, on the other hand, is improper–and may be protested at GAO. Continue reading

Missing JV Agreement Sinks Offeror’s Proposal

In a recent bid protest decision, the GAO held that the procuring agency acted properly in excluding the joint venture’s proposal, even though the joint venture’s price was more than $300,000 lower than the lowest-priced awardee’s. Continue reading

Agency’s Discretion Over Solicitation’s Technical Specifications Isn’t Unlimited

A major tenet in government contracting is that agencies enjoy broad discretion in identifying their needs and developing the most appropriate solicitation to satisfy them. Continue reading

Agency Erred in Issuing an Out-of-Scope Task Order

An agency’s task order award was improper because the order was outside the scope of the underlying IDIQ contract. Continue reading

GAO: Failure To Explain Prejudice Doomed Otherwise Successful Protest

Imagine that you’re a manufacturer of appliances, and respond to a solicitation seeking one of your appliances (on a brand name basis). Continue reading

GAO ruling lets GSA buy the USDA steak, not the mystery meat

The Government Accountability Office’s decision to deny four protests of GSA’s Alliant 2 contracts for IT services could end up being a landmark ruling that is that first nail. Continue reading

Undisclosed Agency File Size Limit Sinks Offeror’s Proposal

An offeror’s proposal was properly rejected as late because the proposal exceeded the agency’s email file size limit. Continue reading