Government Contracts & Investigations

Category: Bid Protests and the Contracting Process

Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them

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When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency to regroup and remedy one or more perceived problems with the subject procurement. DespiteRead More

Topics: Bid Protests and the Contracting Process, Small Business / Socioeconomic Issues

Knowledge is Power . . . If You Know How to Use It

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Discussions with an agency prior to submitting a final proposal can lead to a more well-informed submission by an offeror; however, such is not always the case. The Government Accountability Office (GAO) decision in Quality Control International, LLC (QCI), B-417984 (December 20, 2019) provides guidance as to how offerors should rely on information supplied byRead More

Topics: Bid Protests and the Contracting Process

Don’t Rely on a Procuring Agency to Track Down Past Performance Questionnaires

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Given how much emphasis federal procurement law properly places on fairness, it can be easy to assume that government buyers must do everything necessary to ensure a fair procurement. But that’s not always the case. For example, as the recent Government Accountability Office (GAO) decision in Yulista Tactical Services LLC, B-417317.3; B-417317.5; B-417317.6 (January 15,Read More

Topics: Bid Protests and the Contracting Process

GAO Reminds Offerors that It’s Important to Substantiate Key Personnel’s Experience

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Putting your best foot, or best personnel, forward seems like “Winning the Contract Award 101.” But a refresher course never hurts. Recently, the Government Accountability Office (GAO) decision in Deloitte Consulting, LLC (Deloitte), B-416882.4 (January 6, 2020), provided a reminder about the content of a quotation where the solicitation requires submission of a crosswalk, resume,Read More

Topics: Bid Protests and the Contracting Process

GAO Considers Reconsideration

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It’s not unusual for defeated protesters to feel as though the explanation for their defeat short changes their arguments. Indeed, this might be the case for every defeated protester (or intervenor, or agency). The Government Accountability Office (GAO) decision in Analytical Solutions by Kline, LLC (ASK), B-417161.3 (July 11, 2019), published on GAO’s website onRead More

Topics: Bid Protests and the Contracting Process