Bid Protests – Protesting An Award Decision without Antagonizing Your Government Customer General Counsel, P.C. Contractors often worry whether a bid protest will antagonize the Government Customer and hurt the client’s chances for other Federal Government Contracts. The answer is always: it depends. It depends on the individual Contracting Officer or Contracting Officer’s representative and
Link: GAO Decision Protestor: Colt Defense, LLC Agency: Department of the Army Disposition: Protest Dismissed. ____________________________________________________________________________________________________ GAO Digest: GAO will not resolve a dispute involving interpretation of a license agreement, even where the amount of the royalty fee under the agreement bears upon evaluation factors of the current solicitation, because this involves a matter of
Link: GAO Decision Protestor: Crewzers Fire Crew Transport, Inc. Agency: Department of Agriculture Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: GAO has jurisdiction to decide a protest of an agency’s modification of the price evaluation formula stated in blanket purchase agreements (BPA) where the price evaluation scheme for the BPAs forms the basis for the placement
Link: GAO Decision Protestor: Serco Inc. Agency: Department of the Army Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: 1. For purpose of determining GAO jurisdiction over challenge to award of task order, value of option to extend services under clause at Federal Acquisition Regulation § 52.217-8 is included in task order value where value of option
Link: GAO Opinion Agency: Defense Logistics Agency Disposition: Protest sustained. Keywords: Bid Protest Jurisdiction; Source Selection Decision General Counsel P.C. Highlight: A source selection decision must be in writing and made in accordance with the stated evaluation criteria. Without such a written determination, the decision is considered to be unreasonable and arbitrary. —————————————————————————————————————————– Biblia, Inc. (Biblia),
Link: GAO Opinion Agency: U.S. Army Materiel Command Disposition: Protest dismissed. _________________________________________________________________________________________________________________ GAO Digest: GAO does not have jurisdiction to consider protest challenging agency’s decision to issue three separate delivery orders for body armor plates where each of the delivery orders is valued below the statutory threshold of $10 million, and the record does not
Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. _________________________________________________________________________________________________________________ GAO Digest: 1. Protest jurisdiction of the Government Accountability Office (GAO) extends to protest of a no-cost contractual agreement for the provision of lodging services to transient soldiers, as part of the Department of the Army’s privatization of Army lodging program, because the
Link: GAO Opinion Agency: National Aeronautics and Space Administration Disposition: Protest dismissed. __________________________________________________________________________________________________________________ GAO Digest: Government Accountability Office will not consider protest by state licensing agency (SLA) challenging award of contract for manufacturing support and facilities operation at National Aeronautics and Space Administration (NASA) facility, on basis that NASA was required under Randolph-Sheppard Act (RSA)
Link: GAO Opinion Agency: Department of Homeland Security Disposition: Request granted. _________________________________________________________________________________________________________________ GAO Digest: Government Accountability Office has jurisdiction to hear protest of the award of a no-cost contract for provision of phone services to detainees in the custody of the Bureau of Immigration and Customs Enforcement because the contract concerns a procurement for services
Link: GAO Opinion Agency: United States Agency for International Development Disposition: Protest dismissed. __________________________________________________________________________________________________________________ GAO Digest: Government Accountability Office will not consider protest of an award of subcontract as “by” the government, where record shows that prime contractor had extensive involvement in conducting acquisition, including drafting of solicitation, receipt and evaluation of proposals and selection
Link: GAO Opinion Agency: Department of Transportation Disposition: Protests denied in part and dismissed in part. __________________________________________________________________________________________________________________ GAO Digest: Agency reasonably cancelled solicitation based on concerns, supported by the record, that the primary author of the solicitation’s statement of work and evaluation factors had a conflict of interest with regard to one offeror. GAO is
Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied in part, dismissed in part. __________________________________________________________________________________________________________________ GAO Digest: Pursuant to the bid protest authority granted GAO under the Competition in Contracting Act of 1984, GAO will consider a protest of the terms of a request for competitive rate tenders for transportation services, even though