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On November 18, the Government Accountability Office ("GAO") released its much-anticipated Bid Protest Annual Report to Congress for Fiscal Year 2024, which was submitted to Congress on November 14. GAO's annual report is required under the Competition in Contracting Act of 1984 ("CICA") and provides the government contracting community with good insight into GAO's bid protest function, including key statistics and GAO's most prevalent grounds on which it sustained bid protests during FY24. [1]
Government contractors and other industry professionals that become familiar ...
A Government Accountability Office ("GAO") bid protest decision highlights an important aspect of "best value" in government contracting: a proper tradeoff decision must provide a rational explanation as to why a superior technical proposal warrants paying a higher price.
The protest of Alpha Omega Integration, LLC, B-419812; B-419812.2, August 10, 2021, 2021 CPD ¶ 302 involves a challenge to the U.S. Department of Agriculture's ("Agency") award under a solicitation for information technology services. The solicitation used a best-value source selection process with a ...
In August, the Government Accountability Office ("GAO") provided a boost for small business joint ventures ("JV") that are pursuing defense contracts in holding that the plain language of the 2020 National Defense Authorization Act ("NDAA") prohibits the Department of Defense ("DoD") "from issuing solicitations that require a joint venture, rather than the members of the joint venture, hold the required facility clearance."
The decision is welcome news for small business JVs where each member holds the required facility security clearance ("FCL"), as the decision may result ...
A recent Government Accountability Office ("GAO") bid protest decision provides a reminder of when an agency may conduct a price realism analysis in fixed-price contracts. So, the next time you want to challenge a competitor's low price, remember that agencies are neither required nor permitted to conduct a price realism analysis in a fixed-price procurement unless the solicitation calls for it either expressly or impliedly.
The protest of Inbound, LLC, B-419853.5, July 30, 2021, 2021 CPD ¶ ___ involved the protester's challenge to the establishment of multiple blanket purchase ...