On January 8, the Government Accountability Office (GAO) sustained a pre-award bid protest filed by Bass, Berry & Sims PLC (Bass Berry), which challenged the Federal Law Enforcement Training Centers’ (FLETC or the Agency) determination to exclude the protester, UNICA-BPA JV, LLC (UNICA), from a competition when UNICA had an active SAM registration at the time of final proposal revision (FPR), but not at the time of its initial proposal submission. The decision clarifies that FAR 52.204-7, System for Award Management applies to the proposal that would bind the offeror to perform the resultant contract.Continue Reading Bid Protest Minute: GAO Decision Clarifies SAM Registration Rule
Bid Protest Minute
Bid Protest Minute: COs Must Account for Corporate Restructuring When Assessing Qualifications
By Richard Arnholt on
On November 13, the Government Accountability Office (GAO) sustained a protest by DecisionPoint Corporation concluding that when the Air Force determined EmeSec, a wholly owned subsidiary of DecisionPoint, was ineligible for award for not having the correct certification, it improperly ignored the effect of a novation. The GAO reasoned that the merger between EmeSec and DecisionPoint made DecisionPoint the new prime and therefore, DecisionPoint’s proposal, which included the required certification, should have been considered. The decision underscores the need for contractors, as well as agencies, to carefully consider the impact of mergers and acquisitions on eligibility for pending awards, an issue we have previously written about.Continue Reading Bid Protest Minute: COs Must Account for Corporate Restructuring When Assessing Qualifications
Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal
On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR 52.204-7, which requires offerors to be continuously registered in SAM.gov from the time of proposal submission through award. Continue Reading Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal
Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
By Todd Overman on
On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Security Act) and the solicitation’s System for Award Management (SAM) registration requirements. GAO disagreed with the Department of State’s (or Agency) arguments, holding that Pernix Federal LLC’s (Pernix) submissions complied with all requirements of the prequalification process and the solicitation.Continue Reading Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
Bid Protest Minute: Avoiding the Timeliness Trap
By Richard Arnholt on
On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely. Continue Reading Bid Protest Minute: Avoiding the Timeliness Trap
Bid Protest Minute: GAO’s Task Order Jurisdiction
By Richard Arnholt on
On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider it. Continue Reading Bid Protest Minute: GAO’s Task Order Jurisdiction
Bid Protest Minute: Proving an Organizational Conflict of Interest Exists
By Richard Arnholt on
On December 20, 2023, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing, among other things, that the procurement was tainted by an appearance of impropriety after the agency appointed a senior executive from a competing firm, formerly responsible for their proposed technical approach, to be the agency’s new director. According to the protester, the taint arising from the agency’s action could only be cured by disqualifying the competitor and making an award to the protester.Continue Reading Bid Protest Minute: Proving an Organizational Conflict of Interest Exists
Bid Protest Minute: The High Bar to Proving Contract Officer Bias
By Richard Arnholt on
Posted in Bid Protest Minute, Bid Protests
On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias. Continue Reading Bid Protest Minute: The High Bar to Proving Contract Officer Bias
Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice
By Richard Arnholt on
Posted in Bid Protest Minute, Bid Protests
On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation requirement. Continue Reading Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice