Courts, Boards, & GAO
Protester Claimed Disparate Treatment, But GAO Found Material Difference Between Protester’s and Awardee’s Proposals
The protester alleged that the agency unequally evaluated its quotation. Specifically, the protester argued that the agency had assessed similar negative findings to the...
FedRAMP Foul-Up: Protester’s System Was Hosted on a FedRAMP Platform. Why Didn’t This Satisfy the Solicitation’s FedRAMP Requirements?
The protester contended that the agency misevaluated proposals with respect to compliance with FedRAMP requirements. The agency penalized the protester for proposing a system...
Unhappy With Your Debriefing? Don’t Come Crying to GAO
The protester challenged the award of a blanket purchase agreement (BPA) for courier services. The protester argued that the agency failed to provide an...
Just in Time: An Overview of Bid Protest Timeliness
Seyfarth Associates Sarah Barney and Zach Jacobson take the time to review the timeliness for bid protest filings at various forums–GAO, the Court of...
Misleading Discussions? Perhaps, But GAO Says No Prejudice
The protester alleged that the agency conducted misleading discussions by failing to identify significant weaknesses in its oral presentation. But GAO denied, ruling that...
“But We’re the Incumbent” Arguments Fall Flat at GAO
Steven Koprince - In a competition between an incumbent contractor and a challenger, the government picked the higher-priced, higher-rated challenger—and the GAO shot down...
Protester Claimed Evaluation Unfairly Favored the Awardee, But GAO Found Awardee Submitted Better Proposal
The protester challenged a task order, arguing that the evaluation process favored the awardee. GAO denied the protest, finding that the agency had not...
Protest Redux: GAO Rejects Request for Reconsideration that Recycled Rationales
The protester asked GAO to reconsider a decision denying its protest. GAO was not convinced, finding the protester had not made any new arguments...
COFC Does a Deep Dive into the Government Control Exception to the Late-Is-Late Rule
Kropp Holdings filed suit challenging an award made by the Defense Logistics Agency to Associated Energy Group (AEG). The COFC sustained the protest, finding...
Protest Intervention: When a Competitor Files a Bid Protest, a Government Contractor Should Take Immediate Steps to Protect Its Award
Womble Bond Dickinson - Contractors must act quickly to file a bid protest if they lose a contract award due to improper reasons. But...
Negativity Bias: Was this Agency Too Focused on Flaws and Not on Positive Aspects of Protester’s Past Performance?
The protester challenged the government’s evaluation of its past performance. The protester argued that the government improperly weighed negative past performance information and treated...
Two Steps from 8(a): The OASIS+ Qualifying Project Conundrum
In these consolidated bid protests, the plaintiffs challenge the government's rejection of their proposals in the OASIS+ procurment on the grounds that they did...
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