Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. General Counsel P.C. Highlight: GAO denied the protest of Mil-Mar Century Corporation regarding the award of a contract to The Entwistle Company, by the Department of the Army, Army Contracting Command Warren, under a request for proposals (RFP), to provide “Load Handling System Compatible
Link: GAO Decision Protestor: CH2M Hill Antarctic Support, Inc. Agency: National Science Foundation Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest challenging the assignment of an evaluation rating for the protester’s technical proposal is denied where the rating was reasonable and consistent with the terms of the solicitation. Exchanges with the awardee were clarifications, and not
Link: GAO Decision Protestor: ERIE Strayer Company Agency: Department of the Air Force Disposition: Protest Sustained. ___________________________________________________________________________________________________ GAO Digest: Protest that agency should have requested clarifications from protester is sustained, where the record demonstrates that the agency improperly conducted discussions only with the awardee. General Counsel P.C. Highlight: ERIE Strayer Company protested the award to
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 Decision Protestor: Standard Communications, Inc. Agency: General Services Administration Disposition: Protest Sustained. _____________________________________________________________________________________________________ GAO Digest: Protest that agency engaged in discussions with the awardee, but not the protester, is sustained where record shows that awardee was permitted to make material changes to its quote that had the effect of rendering its original, technically
Link: GAO Decision Protestor: Naiad Inflatables of Newport Agency: United States Coast Guard Disposition: Protest Denied. ____________________________________________________________________________________________________ GAO Digest: Protest of deficiencies, significant weaknesses, and weaknesses assigned to the protester’s proposal is denied where the solicitation called for specific information that was not furnished in the protester’s proposal and the record shows that the agency
Link: GAO Decision Protestor: Sourcelinq, LLC Agency: Department of the Army Disposition: Protest Denied. Request for Recommendation for Protest Costs Denied. _______________________________________________________________________________________________________________ GAO Digest: Protest is denied where agency reasonably determined that descriptive literature for equal product submitted by protester in response to brand name or equal solicitation failed to demonstrate compliance with specified salient
Link: GAO Opinion Agency: Defense Threat Reduction Agency Disposition: Protest denied. ________________________________________________________________________________________ GAO Digest: 1. Protest that agency misevaluated protester’s proposal is denied where record reasonably supports evaluation and protester’s arguments reflect mere disagreement with agency judgments. 2. Agency was not required to attempt to remedy proposal deficiencies through clarifications or discussions because deficiencies rendered
Link: GAO Opinion Agency: Department of Health and Human Services Disposition: Protests denied. Keywords: Clarifications; Discussions; Organizational Conflicts of Interest (OCI) General Counsel P.C. Highlight: Clarifications are “limited exchanges” between an agency and an offeror for the purpose of eliminating minor uncertainties or irregularities in a proposal, and do not give an offeror the opportunity to
Link: GAO Opinion Agency: Agency for International Development Disposition: Protest denied. Keywords: Clarifications General Counsel P.C. Highlight: Clarifications during a negotiated procurement cannot be used to: 1) cure proposal deficiencies or material omissions; 2) materially alter the technical or cost elements of the proposal; or 3) otherwise revise the proposal. —————————————————————————————————————————– International Medical Corps (IMC) protests
Link: GAO Opinion Agency: Department of Health and Human Services Disposition: Protests denied. Keywords: Clarifications; Discussions; Organizational Conflicts of Interest (OCI) General Counsel P.C. Highlight: Clarifications are “limited exchanges” between an agency and an offeror for the purpose of eliminating minor uncertainties or irregularities in a proposal, and do not give an offeror the opportunity to
Link: GAO Opinion Agency: General Services Administration Disposition: Protests denied. Keywords: Proposal Acceptability; Clarifications; Discussions General Counsel P.C. Highlight: RFP technical requirements are considered material to the needs of the government, and a proposal that fails to conform to such material terms is technically unacceptable and may not form the basis for award. —————————————————————————————————————————– The GSA
Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. Keywords: Clarifications and Discussions General Counsel P.C. Highlight: Where an Agency has determined an offer to be unacceptable, communications that would render the offer acceptable would constitute discussions and not mere clarifications. —————————————————————————————————————————– The Department of the Army issued a request for quotations (RFQ)
Link: GAO Opinion Agency: Department of State Disposition: Protest denied. _________________________________________________________________________________________________________________ GAO Digest: 1. Protest that clarification requests issued by agency in fact constituted discussions, such that agency was required to conduct discussions with protester, is denied; even if clarifications did constitute discussions, agency was not required to conduct discussions with protester, since its proposal
Link: GAO Opinion Agency: Department of the Navy Disposition: Protest denied. __________________________________________________________________________________________________________________ GAO Digest: Protest that agency misevaluated the protester’s proposal, and improperly conducted discussions with one awardee, is denied where the record demonstrates that the agency’s evaluation was reasonable, and that the agency properly limited its communications with one awardee to a permissible clarification.