Welcome to the weekly online journal focused entirely on GAO Bid Protests of Federal Government contract awards brought to you by the Government Contracts Practice Group at General Counsel, P.C.. This site will be updated at least once a week with analysis and summaries of the latest GAO Bid Protest decisions and information to help professionals and business owners make informed decisions on protesting a contract solicitation or award.

Search our archives past GAO protest decisions and come back often to keep up to date on the latest trends and legal decisions in Bid Protests. If you have questions about filing a Bid Protest or you were awarded a contract that has been protested, please contact the editor immediately as missing a filing deadline is the quickest way to lose your right to protest or defend your award.

Commercial Item Acquisition Archive

  • Link:         GAO Opinion Agency:    Department of Health and Human Services Disposition:  Protest denied. General Counsel P.C. Highlight: GAO denied the protest of Information Ventures, Inc., regarding the award of a contract to AlphaTRAC Inc., under a request for quotations (RFQ), issued by the Department of...

    Information Ventures, Inc., B-407478.4, July 17, 2013

    Link:         GAO Opinion Agency:    Department of Health and Human Services Disposition:  Protest denied. General Counsel P.C. Highlight: GAO denied the protest of Information Ventures, Inc., regarding the award of a contract to AlphaTRAC Inc., under a request for quotations (RFQ), issued by the Department of...

    Continue Reading...

  • Link:         GAO Opinion Agency:    Department of the Air Force Disposition:  Protest denied. General Counsel P.C. Highlight: GAO denied the protest of Security Management and Integration, Inc. (SMI), based on the rejection of its proposal under a request for proposals (RFP), issued by the Department of...

    Security Management and Integration, B-407742, January 30, 2013

    Link:         GAO Opinion Agency:    Department of the Air Force Disposition:  Protest denied. General Counsel P.C. Highlight: GAO denied the protest of Security Management and Integration, Inc. (SMI), based on the rejection of its proposal under a request for proposals (RFP), issued by the Department of...

    Continue Reading...

  • Link: GAO Decision Protestor: Herman Miller, Inc. Agency: Department of the Air Force; General Services Administration Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: A solicitation with a two-tiered acquisition approach, under which manufacturers would receive contracts that include not-to-exceed prices for furniture systems and dealers would...

    Herman Miller, Inc., B-407028, October 19, 2012

    Link: GAO Decision Protestor: Herman Miller, Inc. Agency: Department of the Air Force; General Services Administration Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: A solicitation with a two-tiered acquisition approach, under which manufacturers would receive contracts that include not-to-exceed prices for furniture systems and dealers would...

    Continue Reading...

  • Link: GAO Decision Protestor: PN&A, Inc. Agency: Department of Energy Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that agency misevaluated protester’s quotation is denied where the record reasonably supports evaluation that the protester’s quotation was unacceptable in several respects and the protester has provided no...

    PN&A, Inc., B-406368, April 23, 2012

    Link: GAO Decision Protestor: PN&A, Inc. Agency: Department of Energy Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that agency misevaluated protester’s quotation is denied where the record reasonably supports evaluation that the protester’s quotation was unacceptable in several respects and the protester has provided no...

    Continue Reading...

  • Link: GAO Opinion Agency: Defense Logistics Agency Disposition: Protest denied. Keywords: Terms of a Solicitation; Commercial Item Acquisition —————————————————————————————————————————– General Counsel P.C. Highlight: FAR § 12.302(c) bars the tailoring of solicitations for commercial items in a manner inconsistent with customary commercial practice unless a waiver is...

    U.S. Foodservice, Inc.; Labatt Food Services, LP, B-404786; B-404786.2; B-404786.3; B-404786.4, May 13, 2011

    Link: GAO Opinion Agency: Defense Logistics Agency Disposition: Protest denied. Keywords: Terms of a Solicitation; Commercial Item Acquisition —————————————————————————————————————————– General Counsel P.C. Highlight: FAR § 12.302(c) bars the tailoring of solicitations for commercial items in a manner inconsistent with customary commercial practice unless a waiver is...

    Continue Reading...

  • Link: GAO Opinion Agency: Army Corps of Engineers Disposition: Protest denied. Keywords: Commercial Product Acquisition; HUBZone Price Preference General Counsel P.C. Highlight: HUBZone price preferences cannot be used against other small businesses. —————————————————————————————————————————– The U.S. Army Corps of Engineers (Army Corps) issued a solicitation for purchase...

    Vetcorp, Inc., B-402519, May 24, 2010

    Link: GAO Opinion Agency: Army Corps of Engineers Disposition: Protest denied. Keywords: Commercial Product Acquisition; HUBZone Price Preference General Counsel P.C. Highlight: HUBZone price preferences cannot be used against other small businesses. —————————————————————————————————————————– The U.S. Army Corps of Engineers (Army Corps) issued a solicitation for purchase...

    Continue Reading...

  • Link: GAO Opinion Agency: Federal Emergency Management Agency Disposition: Protest denied. Keywords: Commercial items General Counsel P.C. Highlight: Challenges over whether a product is considered to be a commercial item is largely within the discretion of the contracting agency. These determinations are given great deference...

    GIBBCO, LLC, B-401890, December 14, 2009

    Link: GAO Opinion Agency: Federal Emergency Management Agency Disposition: Protest denied. Keywords: Commercial items General Counsel P.C. Highlight: Challenges over whether a product is considered to be a commercial item is largely within the discretion of the contracting agency. These determinations are given great deference...

    Continue Reading...

  • Link: GAO Opinion Agencies: Department of the Interior Disposition: Protests denied. —————————————————————————————————————————– Voith Hydro, Inc. protested the terms of two Department of the Interior Requests for Proposals (RFPs) for generator and excitation systems for the Folsom and the Nimbus power plants in California. Voith claimed...

    Voith Hydro, Inc., B-401244.2, B-401771, November 13, 2009

    Link: GAO Opinion Agencies: Department of the Interior Disposition: Protests denied. —————————————————————————————————————————– Voith Hydro, Inc. protested the terms of two Department of the Interior Requests for Proposals (RFPs) for generator and excitation systems for the Folsom and the Nimbus power plants in California. Voith claimed...

    Continue Reading...

  • Link: GAO Opinion Agency: Internal Revenue Service Disposition: Protest denied. __________________________________________________________________________________________________________________ GAO Digest: 1. Agency reasonably found awardee’s proposed system to be commercially available where it was of a type customarily used by, and had been sold to, the general public, in accordance with the...

    Electronic Vision Access Solutions, B-401473, August 25, 2009

    Link: GAO Opinion Agency: Internal Revenue Service Disposition: Protest denied. __________________________________________________________________________________________________________________ GAO Digest: 1. Agency reasonably found awardee’s proposed system to be commercially available where it was of a type customarily used by, and had been sold to, the general public, in accordance with the...

    Continue Reading...