Contractors whose protests result in the challenged agency’s taking corrective action may attempt to recover their protest costs, particularly when they feel that the corrective action was unduly delayed. As the recent Government Accountability Office (GAO) decision in INTELiTEAMS, Inc.—Costs, B-418123.2, B-418180.2 (February 25, 2020) demonstrates, however, the operative date for determining the timeliness of
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corrective action
Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them
By Eric Whytsell on
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. Despite…
Do Not Be Discouraged: Agency Discretion on Corrective Actions Does Have Limits
By Eric Whytsell on
Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government Accountability Office (GAO) decision in MCR Federal, LLC, B-416654.2; B-416654.3 (December 18, 2018), serves as a reminder that failure is not…