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Bid Protest Minute: GAO’s Task Order Jurisdiction

GovCon & Trade

One would think the $25 million threshold applicable to protests of DOD task orders (the threshold is $10 million for civilian agency task orders) would be easily understood and simple to apply. The protestor’s proposed price was $30,478,050, and its total evaluated price was $30,566,297. 4106(f)(1) and 10 U.S.C. 3406f(2).

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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. B-418123.4, 9, 2020, 2020 CPD ¶ 397 at 5.)

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Bid Protest Hub – November 2023

Government Contracts & Investigations

As contracting activities are busy awarding new contracts, it is important to follow the trends related to successful and effective protests as you consider filing your own bid protest, or as you defend your award as an intervenor. Below we dive into recent bid protest decisions and identify what won, what did not win, and why.

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Procurement Methods vs. Solicitation Tools: What Every Procurement Professional Needs to Know

The Procurement ClassRoom

Yet, these terms—such as Request for Quotations (RFQ), Request for Proposals (RFP), Request for Expressions of Interest (REOI), and Invitation for Bids (IFB)—are technically indicative of distinct concepts. Most organizational procurement policies define thresholds that dictate when a particular method should be used.

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Bid Protest Hub – January 2024

Government Contracts & Investigations

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. Consequently, the protester first filed an agency level protest challenging the evaluation, which was denied, and then filed a protest with the GAO.

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When Determining Task Order Value for GAO Protest Jurisdiction, Look to What the Task Order Says, Not What the Agency May Do 

Government Contracts Legal Forum

Subject to limited exceptions, GAO’s bid protest jurisdiction over Department of Defense (DoD) awards of task orders under multiple-award contracts is limited to those “valued in excess” of $25 million. The awarded task order reflected GreenXT’s proposed cost of $24,848,774, which was just below GAO’s $25 million jurisdictional threshold.

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How To Use DOD’s New Enhanced Postaward Debriefing Rights for Stronger Bid Protests

LexBlog: Contracts & Procurement

Department of Defense (DOD) has just locked in its Enhanced Postaward Debriefing procedures, making it easier for contractors to understand the source selection and contract award process and make informed bid protest decisions. Critically, enhanced debriefing procedures also grant the contractor more time to submit a bid protest.

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