GAO’s BID PROTEST – 2020 YEAR IN REVIEW Every year by law, GAO releases an annual report on bid protests. While 2020 was an outlier in so many respects, this was not one of them with GAO releasing its bid protest annual report In late December. The most notable item out of this report is that
Matter of M&C Venture Group, LLC Agency: Department of Veterans Affairs Disposition: Protest Dismissed Decided: September 15, 2020 Keywords: Timeliness of Protest; Preaward Protest General Counsel P.C. Highlight: A protest based upon alleged improprieties that are apparent in a solicitation must be filed prior to the closing time for receipt of proposals. Summary of Facts
Matter of Bluewater Management Group, LLC Agency: Department of Veterans Affairs Disposition: Protest Dismissed Decided: September 2, 2020 Keywords: Interested Party General Counsel P.C. Highlight: A protester is not an interested party where it would not be in line for contract award if its protest were to be sustained. Summary of Facts Bluewater Management Group,
Matter of Teledyne Brown Engineering, Inc. Agency: National Aeronautics and Space Administration (NASA) Disposition: Protest Sustained Decided: September 25, 2020 Keywords: Conflict of Interest General Counsel P.C. Highlight: If an Agency fails to resolve a conflict, or apparent conflict, of interest GAO will presume that the protester was prejudiced, unless the record includes clear evidence
Matter of Patriot Defense Group, LLC Agency: Department of the Air Force Disposition: Protest Denied Decided: August 5, 2020 Keywords: Proposal Standards; Adequately Written Proposal; Proposals; Proposal Detail General Counsel P.C. Highlight: An offeror is responsible for submitting an adequately written proposal, and supplementation submitted during the course of a protest to bolster an inadequate
Matter of DLF-CPC JV, LLC Agency: Department of the Navy Disposition: Protest Dismissed Decided: June 22, 2020 Keywords: Small Business Set-Aside, GAO Jurisdiction, 8(a) Program General Counsel P.C. Highlight: Protest that the awardee made a material misrepresentation regarding its bona fide place of business was dismissed where the matter concerned its status as a participant in
Matter of SigNet Technologies, Inc. Agency: Department of the Air Force Disposition: Protest Denied Decided: July 23, 2020 Keywords: Clarifications; Discussions General Counsel P.C. Highlight: Clarifications cannot be used to cure proposal deficiencies or material omissions, materially alter the technical or cost elements of the proposal, or otherwise revise the proposal. An agency’s discretion to
From V Marino at GovContectx: We got some of the best compliments on a speaker that we have ever received. I wanted to share them with you: “The GovConectx program, Hidden Traps in an RFP and Pre-Award Protests, was exceptional. Lewis Rhodes, the presenter, provided extremely valuable and actional insights and advice on so many
Matter of Immersion Consulting, LLC Agency: Department of Defense Disposition: Protest Sustained Decided: May 18, 2018 Released: June 19, 2018 Keywords: Proposal Evaluation General Counsel P.C. Highlight: An agency evaluation must hold the offerors to the solicitation’s stated requirements. When evaluating proposals, sweeping language providing assurances of compliance with the solicitation requirements is insufficient. Where language from