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 Opinion Agency: Department of the Navy Disposition: Fluor’s protest sustained; CFS’s protest dismissed. Keywords: Meaningful Cost Realism Evaluation; Misleading Discussions General Counsel P.C. Highlight: An agency may not mechanically apply its own estimates for labor or costs without considering the offeror’s unique technical approach. When an agency has discussions with an offeror, those
In Matter of AeroSage LLC, AeroSage, LLC “AeroSage” protested the Department of Justice’s Bureau of Prisons (“DOJ”) award to another bidder, under a request for quotations (RFQ) for next day delivery of 6,000 gallons of unleaded fuel for the Federal Prison in Florida. Protester argued that it was improperly denied the award. The protest was
Wilson 5 Service Company, Inc. B-40-9402.2 June 9, 2014 Often, a procuring agency may take corrective action in response to a protest. When such action is taken, the GAO may recommend reimbursing the protestor its costs where, based on the circumstances of the case, it is determined that the agency unduly delayed taking corrective action
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: General Services Administration Disposition: Protest dismissed Keywords: Protest Jurisdiction; Task Orders General Counsel P.C. Highlight: GAO does not have jurisdiction to consider a protest of an ID/IQ task or delivery order except where the protester alleges that the task order is beyond the scope, period, or maximum value of the ID/IQ contract under
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: Overseas Private Investment Corporation Disposition: Protest denied. Keywords: Past performance evaluation; Protest jurisdiction General Counsel P.C. Highlight: The Competition in Contracting Act, which requires full and open competition for federal government procurements and provides the basis for GAO’s jurisdiction to hear bid protests, presumptively applies to all agencies of the executive