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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.

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

GovCon & Trade

The GAO decision provides an in-depth look at the high evidentiary bar associated with proving governmental bias in bid protests and the need to have definitive evidence before making such a claim. The evidentiary threshold to proving CO bias is extremely high. Ultimately, the SSA assigned Texas Waste a satisfactory rating.

Bidding 147
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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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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. Although the protester offered the lowest price, the agency found its proposal was technically unacceptable because it did not meet the new characteristics.

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Back to Basics: Small Business Sole Source Awards

SmallGovCon

. § 124.506 states that a solicitation must be competed among 8(a) Program participants if there is a reasonable expectation that at least two eligible 8(a) Program participants will submit offers at a fair market price, the anticipated award price will exceed $7 million for manufacturing NAICS and $4.5 million or less for all others.

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The SBA doubles down on the Rule of Two

Federal News Network

So the Rule of Two requires federal agencies to set aside procurements for small businesses where there’s a reasonable expectation that at least two small businesses will be able to submit offers at fair market prices and otherwise competitive in terms of quality and delivery. This goes back to bid protests dating around 2020.

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Why File: A Rule of Two Protest

SmallGovCon

The Rule of Two is the federal contracting rule requiring agencies to set aside a solicitation for competition only between small businesses when there are at least two small businesses that could do the work for a fair price. But that rule does have some exceptions. Read on to find out. See SWR, Inc. ).