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 by
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Government Accountability Office
Don’t Rely on a Procuring Agency to Track Down Past Performance Questionnaires
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…
GAO Considers Reconsideration
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 on…
Tiered Evaluations: A Lesson in Reasonably Applying Different Rules
It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company, B-417854 (November 15, 2019) helped clarify the interplay between the Buy American Act (BAA) and the Trade Agreements Act (TAA) when it…
Your Proposal Says What It Says: The GAO Does Not Engage in Revisionist History
Disappointed offerors sometimes attempt to challenge contract awards by arguing that the agency did not properly take into account a particular aspect of their proposals. As the recent Government Accountability Office (GAO) decision in Red River Science & Technology, LLC, B-417798.2 (October 24, 2019) makes clear, however, protesters need to make sure that their proposal…