Bid Protests

GAO: Agencies Must Adequately Explain Why a Superior Technical Offer Warrants Paying a Higher Price

Thu, January 27th 2022
A Government Accountability Office (“GAO”) bid protest decision highlights an important aspect of “best value” in government contracting: a proper tradeoff decision must provide a rational explanation as to why a superior technical proposal warrants paying a higher price. The protest of Alpha Omega Integration, LLC, B-419812; B-419812.2, August 10, 2021, 2021 CPD ΒΆ 302...

GAO: Small Biz Joint Ventures Can Use Member FCLs to Pursue DoD Contracts

Wed, October 13th 2021
In August, the Government Accountability Office (“GAO”) provided a boost for small business joint ventures (“JV”) that are pursuing defense contracts in holding that the plain language of the 2020 National Defense Authorization Act (“NDAA”) prohibits the Department of Defense (“DoD”) “from issuing solicitations that require a joint venture, rather than the members of the...

GAO: Price Realism Not Ordinarily Permitted in Fixed-Price Procurements

Fri, August 13th 2021
A recent Government Accountability Office (“GAO”) bid protest decision provides a reminder of when an agency may conduct a price realism analysis in fixed-price contracts. So, the next time you want to challenge a competitor’s low price, remember that agencies are neither required nor permitted to conduct a price realism analysis in a fixed-price procurement...

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About the Authors

Joshua Duvall
Shareholder, CISSP
Washington D.C.
Brad English
Shareholder
Huntsville | Washington D.C.
Emily Chancey
Shareholder
Huntsville | Washington D.C.
Raymond L. Bell, Jr.
Shareholder
Mobile | Montgomery
Chris Gonzalez-Tablada
Associate
Huntsville
Mary Ann Hanke
Associate
Huntsville | Atlanta
Nicholas P. Greer
Associate
Huntsville | Atlanta
J. Andrew Watson III
Shareholder
Huntsville | Washington D.C.
David Yang
Shareholder
Washington D.C.

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