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Wednesday, July 22, 2020 | History

1 edition of Protest of Army Bid Rejection, U.S. GAO, January 18, 1995. found in the catalog.

Protest of Army Bid Rejection, U.S. GAO, January 18, 1995.

Protest of Army Bid Rejection, U.S. GAO, January 18, 1995.

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Published .
Written in English


Edition Notes

ContributionsUnited States. General Accounting Office.
ID Numbers
Open LibraryOL15513254M

  efficiency of the GAO bid-protest process. Part II chronicles the development of the GAO protest mechanism and discusses the bid-protest regime, as established by CICA, which explains the present dominance of the GAO as the primary federal bid CONG. REC. S (statement of Senator Cohen). 31 U.S.C. §§ –56 ().   GAO’s bid protest rules include a specific provision allowing protesters to request documents from the agency, provided that the requested documents are relevant to the protest. The agency must respond to a protester’s document requests within 5 days of the due date for the Agency Report.

Contractors filed 2, bid protests at GAO in – the lowest number in five years.. One possible cause for the decline is the Department of Defense’s enhanced debriefing procedures.. Enhanced debriefings mean that contractors have greater access to information before the GAO’s short-fuse filing deadline and can make better-informed decisions regarding protests. Filing a GAO bid protest allows unsuccessful bidders to challenge a government contracting agency’s decision to award a federal project to another company. The protestor can file a bid protest either at the agency level, at the Government Accountability Office or at the U.S. Court of Federal Claims. With either choice, there are procedural.

CPD (Comp. Gen. June 4, ) (GAO denies protest where contractor had “last clear opportunity” to avoid being precluded from competing). But see.   How a Contractor’s Bid Protest Was a Surprise Boost for Procurement Innovation Acquisition reform advocates should be delighted, not despondent over GAO’s recent rejection of the Pentagon’s.


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Protest of Army Bid Rejection, U.S. GAO, January 18, 1995 Download PDF EPUB FB2

Matter of: Jim Plunkett, Inc. File: B Date: Janu (no digest) DECISION. Jim Plunkett, Inc. protests the rejection of its bid as nonresponsive under Department of the Army solicitation No.

DACAB [email protected] A firm protested the Department of the Army's rejection of its bid as nonresponsive under an invitation for bids (IFB) for keypunch and verification services.

The Army stated that a letter submitted with the protester's bid made it impossible to determine that firm's price and January 18, therefore, the bid was nonresponsive. A firm protested the Army's rejection of its bid, contending that the Army improperly found it nonresponsible.

GAO held that the protester untimely filed its protest more than 10 days after it received the Army's response to its agency-level protest. Accordingly, the protest was dismissed.

Harris Excavating protests the rejection of its bid and the award of a contract to Smoky Hill LLC under invitation for bids (IFB) No. DACWB, issued as a total small business set-aside, by the U.S. Army Corps of Engineers, Kansas City District, for construction services. The Corps rejected Harris’s bid because the.

National Foundation Company protests the rejection of its bid as nonresponsive under invitation for bids (IFB) No. DACWB, issued by the Army Corps of Engineers for remedial action at Center Hill Dam, Tennessee. We deny the protest.

The apparent low bid was submitted by Nicholson Construction. Under our Bid Protest Regulations, a protest concerning an alleged impropriety apparent from the face of the solicitation is required to be filed, either with the agency or our Office, prior to bid opening.

4 C.F.R. § (a)(1) (). Where a protester is reasonably unaware of any interpretation other than its own, the firm cannot be. Howevert even if we use this figure, Coakley's bid of $, was still approximately 17 percent higher than the Government's estimate, This Office has upheld the rejection of bids and readvertisement where the lowest eligible bid exceeded the Govern-mentt s estimate by as little as 16 percent, 36 Comp.

Gen. federal agencies by the Government Accountability Office (GAO) in bid protest decisions.4 GAO is not the only forum with authority to hear bid protests involving federal acquisitions. 5 The procuring agency and the U.S. Court of Federal Claims can also hear bid protests.

Much that has been written about the bid protest reforms in the Section Panel’s final report has focused on Recommendationswhich expressly address (and propose changes to) the protest process at the U.S.

Government Accountability Office (“GAO”) and the Court of Federal Claims (“COFC”). If a party interested in a government contract believes that an agency has violated procurement law or regulation in a solicitation for goods or services, or in the award of a contract, it may file a bid protest with our office.

GAO provides an inexpensive and expeditious forum for the resolution of bid protests. Recent Decisions. Inunder CICA, GAO for the first time acquired explicit statutory authority to preside over “protest[s] concerning an alleged violation of a procurement statute or regulation.” 31 U.S.C.

§ If a protest is sustained, CICA permits GAO to recommend an appropriate remedy “to promote compliance with procurement statutes and.

Our Bid Protest Procedures require that protests be filed within 10 working days of the date the basis for protest is known or should have been known, which-ever is earlier. 4 C.F.R.

§ (b)(2) (). DREW argues that the protest is untimely under the foregoing section because the protest was filed more than days after DH-EW responded. Government Accountability Office (GAO), or (3) the U.S.

Court of Federal Claims (COFC) This report briefly analyzes the varying legal procedures applicable to bid protests under each forum, which may be relevant to Congress as it assesses potential reforms to the bid protest.

What to Protest Although most protests challenge the acceptance or rejection of a bid or proposal and the award or proposed award of a contract, GAO considers protests of defective solicitations (e.g.,allegedly restrictive specifications, omission of a required provision, and ambiguous or indefinite evaluation factors), as well as certain other procurement actions (e.g.,the cancellation of a solicitation).

Bid Protests A bid protest is a challenge to the terms of a solicitation or the award of a federal contract.

For more than 90 years, GAO has provided an objective, independent, and impartial forum for the resolution of disputes concerning the awards of federal contracts.

GAO's Procurement Law Division adjudicates these bid protests. The protective order process is essential to the proper functioning of GAO’s bid protest process.

The terms of our protective order limit “disclosure of certain material and information submitted in the protest, so that no party obtaining access to protected material under this order will gain a competitive advantage as a result of.

McDonnell Douglas Corp., B, B, JCPD para. 51 at As stated above, the solicitation required offerors to demonstrate experience in performing similar work, and defined similar work as projects including grounds maintenance services.

Procedures for protests to GAO are found at 4 CFR Part 21 (GAO Bid Protest Regulations). In the event guidance concerning GAO procedure in this section conflicts with 4 CFR P 4 CFR Part 21 governs. (a) General procedure. (1) A protester is required to furnish a copy of its complete protest to the official and location designated in the solicitation or, in the absence of.

The Government Accountability Office (GAO) this week issued its Annual Report to Congress on bid protests during Fiscal Year (FY17; 10/1//30/17).

The total number of bid protests filed (including supplemental protests, cost claims & reconsideration requests) declined (for the first time in three years) by 7% (2, vs. 2, protests in FY16). See Greenleaf Constr. Co., Inc., B, B, Jan. 17,CPD 19 at 10 (it is an offeror’s obligation to inform a procuring agency of changes in proposed staffing and resources, even after submission of proposals); see also Dual, Inc., B, Nov.

12,CPD at. Attorney Frank V. Reilly provides a quick outline of GAO Bid Protest procedural basics in under 3 minutes. The Government Accountability Office has been publishing its annual bid protest statistics report to Congress since fiscal year That year GAO received 2, new protests and closed 2, For FYGAO reports that it received 2, new protests and closed 2, Given the changes in contract law and the significant increase in expenditures.

Bid protests at the Government Accountability Office (GAO) have spawned a distinct area of the law. With multiple evaluation schemes to consider, there are an ever-growing number of strategies for disappointed offerors to challenge alleged agency procurement errors. Just like there are best practices for bid protests, there are also strategies to avoid at all costs.