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GAO’s 2023 Bid Protest Report: More Than Meets the Eye

GovCon & Trade

On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline. The report provides important insights into the current state of GAO bid protests. Most prevalent protest grounds.

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Bid Protest Minute: GAO’s Task Order Jurisdiction

GovCon & Trade

On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider it. The protestor’s proposed price was $30,478,050, and its total evaluated price was $30,566,297.

Bidding 147
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Bid Protest Minute: The High Bar to Proving Contract Officer Bias

GovCon & Trade

By: Richard Arnholt On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias.

Bidding 147
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Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice

GovCon & Trade

On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation requirement. It is insufficient to show that an agency made an error in its evaluation process.

Bidding 147
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Bid Protest Minute: Proving an Organizational Conflict of Interest Exists

GovCon & Trade

According to NASA, the SSA was appointed after the Source Evaluation Board (SEB) was selected, and all participants in the procurement process were reminded of their obligations under the FAR, NFS, and Procurement Integrity Act. Generally, agencies are afforded broad discretion when evaluating whether an OCI exists.

Bidding 147
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Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice

GovCon & Trade

On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation requirement. It is insufficient to show that an agency made an error in its evaluation process.

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Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts

Government Contracts

Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest. Liam Bowers at MoFo examines three recent decisions from the U.S.

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