A recent U.S. Court of Federal Claims decision highlights the perils and absurdity associated with submitting proposals via e-mail. Watterson Construction Company responded to an RFP by the Army Corps of Engineers (“Army Corps”) to design and build “a standard barracks to house 294 persons in Fort Wainwright, Alaska.” The RFP required final, second-phase proposals to be submitted by…
In Omniplex World Services v. United States, No. 12-249 C (Aug. 1, 2012), the Court of Federal Claims denied a bid protest even though the Court determined that the agency violated the Federal Acquisition Regulation (FAR). The Court found that the agency’s violation of the FAR did not prejudice (i.e., harm) the protestor because the protestor would have lost the contract anyway. …
The GAO recently sustained a price realism protest where the agency failed to consider the proposed prices of all technically acceptable offerors. Digital Technologies, B-406085 (Feb. 6, 2012), available here. The RFP requested proposals for a fixed price contract with a 6-month base period and four 1-year options for computer maintenance and support. According…
Every once in awhile there’s a Government Accountability Office (“GAO”) bid-protest decision that causes the reader to ask, “What was the protestor thinking?”.
Integral Systems, Inc., Comp. Gen. Dec. No. B-405303.1 (Aug. 16, 2011), is just such a case. In Integral Systems, the GAO dismissed a protest filed by the parent corporation of the offeror because the offeror/subsidiary –…
Federal agencies with special and articulated needs may deviate from standard FAR clauses and craft their own proposed contract clauses. However, such custom, non-standard clauses must be rational and reasonable, as the Government recently learned the hard way in U.S. Foodservice, Inc. v. United States, No. 11-376C (Oct. 12, 2011), which involved a pre-award bid protest before the U.S.…
In a recent case at the U.S. Court of Federal Claims (“COFC”) a protestor successfully challenged the procuring agency’s proposed corrective action terminating the protestor’s contract and re-opening the competition.
The proposed corrective action was premised on a pre-decisional e-mail by a GAO attorney, falling short of actual “outcome prediction,” stating that it was…
In a recent case at the U.S. Court of Federal Claims Judge Hodges considered what happens when an on-line electronic reverse auction goes wrong and one of only two bidders is unable to see the other’s later low bid, and thus believed it was the winning bidder, only to later learn of the lower bid.
The Postal Service’s answer was to deem the actual low bidder the winner, and to then…
The SBA Washington Metropolitan Area District Office recently reconsidered and reversed an earlier favorable eligibility determination on behalf of an 8(a) joint venture where newly-obtained information during a size protest indicated that the joint venture did not comply with SBA’s 8(a) joint venture regulations at 13 C.F.R. 124.513.
The District Office had approved the proposed 8(a)…
During the procurement under protest in PCCP Constructors, JV; Bechtel Infrastructure Corporation, B-405036(August 4, 2011), a U.S. Army Corps of Engineers (Corps) Chief retired and began employment with the company ultimately selected for the award – CBY. At the time of his retirement, the Chief held the most senior civilian position within the Corps’ Hurricane Program – the program with…
The U.S. Court of Appeals for the Federal Circuit recently affirmed the Court of Federal Claims’ (CFC’s) decision regarding an organizational conflict of interest (OCI). In Turner Construction Co., Inc. v. United States, 2010-5146 (July 14, 2011), Turner had been awarded a construction contract by the Army that was protested based on alleged OCIs arising from merger discussions between Turner’s…
