“Educating the Government Contracting Community”

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Can FedBid, Inc. Debar Prospective Bidders?

Does FedBid, Inc. (FedBid), a private company that provides commercial online procurement services to federal agencies and other public procuring entities through its website at www.FedBid.com, have the power to suspend or debar prospective bidders?…

Another Important Lesson to Learn from a Failed Bid Protest Challenging Past Performance Evaluation: Actually Meeting Past Subcontracting Goals Matters

The Government Accountability Office (“GAO”) determined that the Department of the Army, Corps of Engineers (“Corps”) exercised proper discretion when it considered an offeror’s historical track record of not meeting its proposed small busi…

JV's Experience without Consideration of the Business Entities Forming the JV is Reasonable Contract Requirement

In a recent bid protest decision, the Government Accountability Office (GAO) was asked to consider whether the evaluation of a joint venture’s relevant experience was a valid and reasonable agency requirement.   In Aljucar, Anvil-Incus & Co.…

Agency Exclusion of Participating Affiliate’s Experience and Past Performance May Be Unduly Restrictive of Competition GAO Finds

In Iyabak Construction, LLC (B-409196, February 6, 2014), pre-award bid protest was filed challenging a request for proposal issued by the Army Corps of Engineer. In the RFP, offerors were notified that the “experience of the offeror’s parent,…

GAO Has Jurisdiction in Protests of Subcontract Award Where Government Involvement in Procurement Pervasive

In a recent decision, the Government Accountability Office (GAO) confirmed its jurisdiction over protests of a subcontract award in limited circumstances. The protester, The Panther Brands, LLC, filed a protest of an award to its competitor by a subc…

GAO Finds that Amendment to Date of Bid Submission Does Not Automatically Change Time of Submission

On January 8, 2014, the Government Accountability Office (GAO) reaffirmed its position that “where an amendment changes only the date of receipt of quotations or proposals, the time established for receipt is unchanged.”  In International Code…

GAO Affirms Offeror’s Responsibility for Timely Receipt of Its Proposal

On November 20, 2013, the Government Accountability Office again reminded offerors that the responsibility to ensure the timely receipt of complete proposal by the agency remains at all times with the offeror. In JV Derichebourg-BMAR & Associate…

GAO Report Confirms DOD’s Efforts to Limit Contractor Comment Period to Past Performance Assessments

The GAO recently published its report regarding its review of the Department of Defense’s actions and effectiveness in contractor performance assessments.  The report entitled “Contractor Performance: DOD Actions to Improve the Reporting of Past…

GAO Decision Limits Affiliate Corporate Experience and Past Performance Credit in Agency Proposal Evaluation

In a recent decision, the Government Accountability Office (GAO) has clarified the extent that an offeror may be credited for the experience or past performance of its parent or affiliated company in agency proposal evaluation. In IAP World Services…

GAO Limits Recommendation of Protest Costs Reimbursement

GAO recently issued its decision in response to a request for protest cost reimbursements by a protester whose protest was dismissed after the agency agreed to take corrective action after GAO notified the parties of its’ inclination to sustain the…

Recent Developments

The National Institutes of Health (NIH) needs more Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) for its CIO-Solutions and Partners 3 (CIO-SP3) Small Business Government-wide Acquisition Contract (GWAC). Because a number of prior awardees… Read More

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Announcements

GCARL started the year off with a victorious bang for a client, Alpha Transcription, in a “Bet the Company” protest.   If Alpha Transcription lost it could have been devastating for them. The Transcription Services Industry and Market is… Read More

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