HDR farblog
Dec
03

Procuring agency’s corrective action may turn a bid protest into “academic exercise”

A common occurrence in Government Accountability Office (GAO) bid-protest practice is for the procuring agency to announce it will take corrective action in response to a complaint against the award and the agency requests that GAO dismiss the protest as academic. The question that often arises in a followup protest after the dismissal is whether the agency’s corrective agency was a meaningful response in light of the protester’s earlier allegations of prejudicial error. When an agency fails to implement the promised corrective action, the agency’s action can be protested when it precludes the timely, economical resolution of the initial protest. The GAO considered such a followup protest in DirectViz Solutions, LLC, Comp. Gen. Dec. B-417565.3, 2019 CPD ¶ 372.

Continue reading
  52 Hits
0 Comments
52 Hits
  0 Comments
Oct
17

Successful bid protests require evidence and explanation, not mere allegations and speculation

In BNL, Inc., B-409450, B-409450.3, 2014 CPD ¶ 138, 2014 WL 1818046, the protester in a procurement for management, acquisition, and financial support to the Department of Veterans Affairs (VA) argued that the agency improperly evaluated the proposal of Strategy and Management Services, Inc. (SAMS), one of three awardees.

Continue reading
  163 Hits
0 Comments

Copyright

© 2019

163 Hits
  0 Comments
Aug
12

Additional supporting arguments for timely protests v. new protest grounds in GAO litigation

Frequently, protesters will seek to supplement their complaints after the initial GAO protest submission. When protesters raise multiple rounds for complaint, the Government Accountability Office (GAO) will be guided by its bid protest regulations on timeliness under 4 C.F.R. § 21.2. These regulations do not contemplate “[t]he piecemeal presentation or development of protest issues.” Curtis Center Ltd. Partnership—Reconsideration, Comp. Gen. Dec. B-257863.3, 95-1 CPD 147.

Continue reading
  222 Hits
0 Comments

Copyright

© 2019

222 Hits
  0 Comments
Sep
29

Federal contractors have to pay higher minimum wage in 2018

On September 15, 2017, the Wage and Hour Division of the U.S. Department of Labor announced the new minimum wage rate that government contractors will have to pay in 2018: $10.35 an hour. This is an increase from the current rate of $10.20 an hour.

Continue reading
  1480 Hits
0 Comments
1480 Hits
  0 Comments
Feb
04

Bid protest succeeds because agency failed to properly document evaluation

In a bid protest filed by Swets Information Services (B-410078, Oct. 20, 2014), the Government Accountability Office (GAO) sustained a protest based upon inadequate documentation of the agency’s evaluation. However, the agency denied the protest on other grounds, including protester’s challenge that the agency’s past-performance evaluation was erroneous, because the protester failed to show it was prejudiced as a result of the alleged error.

Continue reading
  2314 Hits
0 Comments

Copyright

© 2015

2314 Hits
  0 Comments