Link: GAO Decision Protestor: Naval Systems, Inc. Agency: Department of the Navy Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest challenging agency’s proposed corrective action in response to an earlier protest is denied where the record shows that the agency’s corrective action– revising the solicitation, obtaining revised proposals and making a new source selection decision–is necessary
Link: GAO Decision Protestor: EOD Technology, Inc. Agency: Department of the Army Disposition: Protest Dismissed. _____________________________________________________________________________________________________ General Counsel PC Highlight: EOD Technology, Inc. protested the corrective action taken by the agency under an RFP for security services in Afghanistan. The RFP provided for award to the lowest-priced, technically acceptable offeror. In its written debriefing following
Link: GAO Decision Protestor: URS Federal Services, Inc. Agency: Internal Revenue Service Disposition: Request Granted in Part, Denied in Part. _____________________________________________________________________________________________________ GAO Digest: GAO will recommend that agency reimburse protester for the costs of filing and pursuing its protest, where the agency did not take corrective action in response to the protest until after the
Link: GAO Decision Protestor: Kingdomware Technologies Inc. Agency: Department of Veterans Affairs Disposition: Request Denied. _____________________________________________________________________________________________________ GAO Digest: Protester is not entitled to reimbursement of protest costs after agency took corrective action where protest was not clearly meritorious. General Counsel PC Highlight: Kingdomware Technologies Inc. requested that the GAO recommend that it be reimbursed the
Link: GAO Decision Protestor: Data and Analytic Solutions, Inc. Agency: Department of Health and Human Services Disposition: Protest Denied. ____________________________________________________________________________________________________ GAO Digest: In a negotiated procurement for the award of a cost reimbursement contract where offerors were provided a range of estimated monthly workloads and where offerors based their cost proposals upon differing workload assumptions,
Link: GAO Decision Protestor: Jones Lang LaSalle Americas, Inc. Agency: Department of the Army Disposition: Protest Denied. ____________________________________________________________________________________________________ GAO Digest: Protest objecting to proposed corrective action taken in response to earlier protest is denied where agency reasonably determined that the proposals received in earlier acquisition indicated that there were two reasonable interpretations to an amendment
Link: GAO Decision Protestor: Inchcape Shipping Services Holding, Ltd. Agency: Department of the Navy Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Agency was not required to provide for the submission of revised proposals due to the fact that approximately one year had elapsed between the submission of proposals and contract award. Protest that awardee’s prices were
Link: GAO Decision Protestor: Integrity Consulting Engineering and Security Solutions, LLC Agency: Department of the Navy Disposition: Protest Denied. _______________________________________________________________________________________________________________ Digest: Protest alleging that the agency’s solicitation amendment, issued as part of corrective action in response to a protest by another firm, improperly disclosed proprietary staffing level information included in the protester’s proposal is denied
Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. Keywords: Corrective Action General Counsel P.C. Highlight: Corrective Action following a prior protest must be reasonably related to the areas expressed by GAO as areas of concern, but will not necessarily require a reopening of the competition. —————————————————————————————————————————– Northrop Grumman Technical Services, Inc. (NGTS) protests
Link: GAO Opinion Agency: United States Agency for International Development Disposition: Request denied. Keywords: Corrective Action; Protest Costs; Clearly Meritorious Protest General Counsel P.C. Highlight: GAO may recommend reimbursement of protest costs, including reasonable attorneys’ fees, if GAO determines that the agency unduly delayed taking corrective action in the face of a clearly meritorious protest. A protest is clearly meritorious
Link: GAO Opinion Agency: Department of the Army Disposition: Request denied. Keywords: Corrective Action; Protest Costs General Counsel P.C. Highlight: Reimbursement of protest costs may be appropriate where an agency does not timely implement the promised corrective action that led to the dismissal of an earlier protest. But, GAO has also found that months-long delays do not by themselves constitute
Link: GAO Opinion Agency: Department of the Army Disposition: Request denied. Keywords: Protest costs; corrective action General Counsel P.C. Highlight: GAO may recommend reimbursement of protest costs where an agency does not timely implement the promised corrective action that led to the dismissal of an earlier protest. GAO has also found that months-long delays do not
Link: GAO Opinion Agency: General Services Administration Disposition: Protest denied. Keywords: Corrective Action General Counsel P.C. Highlight: Agencies have broad discretion to take corrective action where the agency has determined that such action is necessary to ensure fair and impartial competition. The details of implementing the corrective action are within the sound discretion and judgment of
Link: GAO Opinion Agency: Department of Labor Disposition: Request denied Keywords: Reimbursement of Protest Costs; Corrective Action General Counsel P.C. Highlight: When an agency takes corrective action following the filing of a GAO protest, protester should be reimbursed its protest costs only if an agency unduly delayed its decision to take corrective action in the face
Link: GAO Opinion Agency: Department of Housing and Urban Development Disposition: Protest denied. Keywords: Prejudice; corrective action; sole-source General Counsel P.C. Highlight: GAO will not consider an argument regarding compliance with a corrective action letter, except to the extent the protester asserts that an agency’s alleged deviation from its proposed corrective action resulted in a prejudicial
Link: GAO Opinion Agency: National Aeronautics and Space Administration Disposition: Protest denied in part, dismissed in part. Keywords: Corrective Action General Counsel P.C. Highlight: Protest of an agency’s corrective action, taken in response to a prior protest, must be made within 10 days of learning of the allegedly offending parts of the corrective action. —————————————————————————————————————————– Earth
Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. Keywords: Corrective Action General Counsel P.C. Highlight: A contracting agency properly may take corrective action in order to rectify an error in the solicitation concerning the basis for award, where there is no evidence that the agency acted in other than good faith. —————————————————————————————————————————– Training
Link: GAO Opinion Agency: Central Intelligence Agency Disposition: Protest denied. Keywords: Corrective Action; Organizational Conflict of Interest (OCI) General Counsel P.C. Highlight: Where a procurement decision–such as whether an OCI should be waived–is committed by statute or regulation to the discretion of agency officials, the GAO will not make an independent determination of the matter but
Link: GAO Opinion Agency: Department of the Army Disposition: Protest denied. Keywords: Corrective Action; FSS Contract General Counsel P.C. Highlight: In negotiated procurements, agencies have broad discretion to take corrective action where they determine that such action is necessary to ensure fair and impartial competition. GAO will not object to the specific corrective action, so long
Link: GAO Opinion Agency: Department of Health and Human Services Disposition: Protest denied. Keywords: Corrective Action General Counsel P.C. Highlight: The selection of individuals to serve as proposal evaluators is a matter of discretion of the agency and GAO will not review allegations concerning the composition of evaluation panels absent a showing of fraud, conflict of
Link: GAO Opinion Agency: Defense Logistics Agency Disposition: Protest denied. Keywords: Corrective Action General Counsel P.C. Highlight: In negotiated procurements the agency has broad discretion to take corrective action where the agency determines that such action is necessary to ensure fair and impartial competition. —————————————————————————————————————————– The Defense Logistics Agency (DLA) issued a request for proposals (RFP)
Link: GAO Opinion Agency: Department of Homeland Security Disposition: Protest denied. Keywords: Size Protetst; corrective action General Counsel P.C. Highlight: It is inconsistent with the integrity of the procurement system and the intent of the SBA for an agency to allow a firm to continue performing a contract where the firm was determined by the SBA
Link: GAO Opinion Agency: Department of the Air Force Disposition: Protest denied. Keywords: Corrective Action General Counsel P.C. Highlight: Where the corrective action taken by an agency is otherwise unobjectionable, a request for revised price proposals is not improper merely because the awardee’s price has been exposed. —————————————————————————————————————————– Jackson Contractor Group, Inc. protests the corrective action
Link: GAO Opinion Agency: Department of Health and Human Services Disposition: Protests denied. Keywords: Corrective Action; OCI General Counsel P.C. Highlight: Where an agency conducts exchanges with an offeror regarding the offeror’s plan to mitigate identified conflicts of interest, such exchanges do not constitute discussions. C2C Solutions, Inc. (C2C) protests the corrective action being taken by
Link: GAO Opinion Agency: Department of the Army Disposition: Request denied. Keywords: Corrective Action; Bid Protest Costs General Counsel P.C. Highlight: GAO’s policy is to recommend reimbursement of protest costs if it sustains a protest or where the agency has unduly delayed in taking corrective action in the face of a clearly meritorious protest. —————————————————————————————————————————– The
Link: GAO Opinion Agency: Department of Labor Disposition: Protest denied. Keywords: Corrective Action General Counsel P.C. Highlight: Where there is a need for continued performance under a protested contract, an agency generally may permit the original awardee to continue performance (after the lifting of any applicable stay) pending the implementation of corrective action undertaken in response
Link: GAO Opinion Agency: Department of the Army, Corps of Engineers Disposition: Protest denied. Keywords: Corrective Action General Counsel P.C. Highlight: In taking corrective action in response to a protest, the agency has considerable discretion to determine the scope of that corrective action, including requesting new final proposal revisions from all offerors in the competitive
Link: GAO Opinion Agency: Department of the Air Force Disposition: Protest denied. Keywords: Solicitation amendment; Corrective action; Disclosure of price General Counsel P.C. Highlight: When taking corrective action in response to a protest, reopening the competition and requesting revised proposals is not improper merely because the awardee’s price has been released in the initial award
Link: GAO Opinion Agency: National Aeronautics and Space Administration (NASA) Disposition: Protest denied. Keywords: Corrective action; Final proposal revisions —————————————————————————————————————————– The National Aeronautics and Space Administration (NASA), Goddard Space Flight Center issued a request for proposals in January, 2008, in which it sought proposals to provide personnel, materials, and facilities necessary to perform all space
Link: GAO Opinion Agency: United States Coast Guard Disposition: Request granted. __________________________________________________________________________________________________________________ GAO Digest: Protest is clearly meritorious and reimbursement of costs of filing and pursuing protest is recommended where reasonable agency inquiry into initial protest allegations would have revealed insufficient basis for technical evaluation results related to awardee’s proposed technical personnel. General Counsel P.C.
Link: GAO Opinion Agency: Department of the Army Disposition: Request granted. _________________________________________________________________________________________________________________ GAO Digest: Agency’s contention that protester was not prejudiced by solicitation defect (and protest thus was not clearly meritorious for purposes of determining whether reimbursement of protest costs is appropriate) because protester failed to submit a compliant proposal even after the solicitation was
Link: GAO Opinion Agency: Department of Health and Human Services Disposition: Protest denied. _________________________________________________________________________________________________________________ GAO Digest: Protest that corrective action in response to protest is inadequate is denied; proposed corrective action–issuing new solicitation and assigning new contracting personnel to conduct procurement–is adequate to address concern that e-mail sent by project manager during course of original