Is It Time To Rethink The GAO’s Prejudice Requirement?
Under the GAO’s bid protest regulations, only an “interested party” may file a bid protest. Over the years, GAO case law has established that a protester is not an “interested party” if the protester...
View ArticleThe VA’s SDVOSB Database and GAO Protests: Be Verified, Or Go Home
If a service-disabled veteran-owned small business has been denied verification for the U.S. Department of Veterans Affairs’ Vendor Information Pages database, it cannot file a bid protest with the GAO...
View ArticleJoint Ventures And GAO Protests: Protester Must Have “Standing”
For a member of a joint venture to file a GAO bid protest on behalf of the joint venture, the member must have the authority to do so. If a JV Member’s authority to act is in question, the GAO will...
View ArticleSorry, Subcontractor: No SBA Size Appeal For You
When the SBA found a subcontractor to be affiliated with its prime contractor under the ostensible subcontractor rule, the subcontractor could not appeal the SBA’s finding to the SBA Office of Hearings...
View ArticleGAO: IDIQ Awardee Could Not Protest Selection of Fellow Awardee
The GAO ruled recently that an awardee under a multiple-award IDIQ contract did not have standing the protest the agency’s selection of another awardee. The decision highlights one of the main tenets...
View ArticleNo Size Appeal If Outside Competitive Range, Says SBA OHA
An unsuccessful offeror lacked the ability to file a valid SBA size appeal involving the size status of a competitor, because the unsuccessful offeror was eliminated from the competitive range–and its...
View ArticleLarge Business Ineligible For SDVOSB Verification Protest, Says Court
A large business couldn’t demonstrate that it was eligible to pursue a bid protest challenging a VA SDVOSB sole source contract award. In a recent decision, the U.S. Court of Federal Claims held that a...
View ArticleI Fought the Law, and the Law Won? Standing Issues Prevent Claim of Agency’s...
As we discussed in July 2017, Timberline Helicopters, Inc. has been involved in ongoing litigation regarding the Department of the Interior, Bureau of Land Management’s (a.k.a. “BLM”) procurement of...
View ArticleGAO Rules on GSA Schedule Contracts: Size Usually Stays, 8(a) Status Doesn’t
Does 8(a) status remain in place for the duration of GSA Schedule contracts? GAO says no. In MIRACORP, Inc., B-416917 (Comp. Gen. Jan. 2, 2019), the incumbent contractor for administrative support...
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