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ContributionsUnited States. General Accounting Office.
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A firm protested a solicitation, contending that it was improperly issued as a request for proposals, rather than an invitation for bids. GAO held that the procuring agency took corrective action in response to the protest, which rendered the protest academic. Accordingly, the protest was dismissed.

Protest, B‑, attach. 2, AeroSage Proposal at Accordingly, SageCare’s disagreement with our dismissal of protest as untimely does not warrant reconsideration. Precise Mgmt., LLC--Recon., B, JCPD at 3.

Other Protest Issues. Protestor: AIRBUS U.S. Space and Defense, Inc. Solicitation Number: HQR Agency: Department of the Air Force File Number: B Outcome: Dismissed Date.

A firm protested alleged improprieties in a solicitation issued by the U.S. Coast Guard, contending that it was ambiguous, contradictory, and otherwise deficient.

GAO held that, since the protest was based on alleged improprieties in the solicitation but was not filed prior to bid opening, it was untimely filed under bid protest procedures.

RCG of North Carolina, LLC (RCG), a service-disabled veteran-owned small business of Raeford, North Carolina, protests the terms of request for proposals (RFP) No.

SPE1CR, issued by the Defense Logistics Agency (DLA) for disposable surgical masks.


RCG contends that the domestic source restrictions identified in the RFP were improper. RCG also protests the agency's. Protests against the provisions (wording) in a solicitation itself must be filed (must reach the GAO) before bids or offers are due.

If the solicitation was initially unobjectionable, but was made defective by an amendment, a protest must be filed before the next round of bids or offers are due after the offending amendment is issued. Improprieties or errors in solicitation apparent on their face: •Before bid opening or final submission of proposal •Example: failure to hold discussions.

Protest grounds other than patent errors in the solicitation: •No later than 10 days after the date the basis was known or should have been known. By Kayleigh Scalzo and Peter Terenzio on J Posted in Bid Protests It’s a big deal in the government contracts community whenever the Federal Circuit weighs in on a bid protest.

And it is a particularly big deal when the Federal Circuit issues a split opinion in a bid protest. 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 U.S.GAO.

GAO provides an inexpensive and expeditious forum for the resolution of bid protests. Recent Decisions. protests are against the acceptance or rejection of a pro- posal, protests against solicitation defects Allegedly restricgive specifications, omission sion, or ambiguous or indefinite evaluation protest.

are also considered. of a required provi- factors are bases for 6. GAO Sustains Bid Protest Alleging that Cancellation of Solicitation was Pretextual and Unreasonable Introduction: A recent decision of the Government Accountability Office (“GAO”) sustained a bid protest concluding that the government cancelled a solicitation on pretextual grounds after a protest.

DOCO!ENT 31SONE - [A] [Reconsideration of Untimely Protest against a Lack of Solicitation Restrictions]. B-1B June 9, 2 pp. “Protest” means a written objection by an interested party to any of the following: 1.

A solicitation or other request by an agency for offers for a contract for the procurement of property or services.

The cancellation of the solicitation or other request. An award or proposed award of the contract. A protest that alleges a defect that was not apparent on the face of the solicitation must be filed not later than 10 days after the defect became apparent.

If the grounds for the protest arise out of an agency’s evaluation of proposals or award of a contract, then the protest must be filed within 10 calendar days after the date the. Business Integra Technology Solutions, Inc., B.8.9 (July 7, ) (in reevaluation agency performed as corrective action in response to prior protest, agency improperly (i) rated awardee's Past Performance highly on basis of contracts that were much smaller than the current order, in violation of solicitation requirement; (ii.

1 Bid protests are formal, written objections to an agency’s solicitation for bids or offers; cancellation of a solicitation; or award or proposed award of a contract.

See 31 U.S.C. § (1)(A)-(D). For the protest against DOD, see file Number: B (protests dismissed ). For the USIS protest.

Sumaria Systems, Inc., of Danvers, Massachusetts, protests the provisions of fair opportunity proposal request (FOPR) No.

FAR, issued by the Department of the Air Force pursuant to Federal Acquisition Regulation (FAR) subpartto provide support services for F aircraft. Sumaria asserts that the solicitation's source selection methodology fails to consider price.


Protest against agency's cancellation of solicitation3 resolicitation of requirements a2n award of contract based on alleged invalidity of cancel-lation and allegedly improper wage determination in second solicitation, filed with GAO more than 10 days after protester first knew of cancellation and resolicitation and after bid open-ing, is.

Creative Custom Products (Creative), a small business located in Phoenix, Arizona, protests the award of an indefinite-delivery, indefinite-quantity contract to FlexDecks, Inc., a small business located in Houston, Texas, under request for proposals (RFP) No. NR, issued by the Department of the Navy, Naval Air Warfare Center, for V Osprey aircraft maintenance wing.

solicitation). The termination of a contract may be protested if the protest alleges that the termination was based on improprieties in the award of the contract. 4 C.F.R. § (a). Where the agency involved has agreed in writing, GAO will consider protests concerning (1) awards of.

As may be seen, the protest was upheld on 2 bases. If the agency's corrective action involves a modification of its requirements (e.g. the migration rate or the need for "an integrated system currently in use by the government"), firms that elected not to compete for the original requirement may wish to do so for the modified requirement.

If you file a GAO protest and argue that the Agency did not follow procurement regulations, you must ask yourself whether your proposal failed to comply with solicitation government contracting agency can reject your proposal for failing to adhere to the solicitation requirements.

A recent GAO protest case,Compuline International, Inc.B found that the agency acted. GAO Bid Protests: An Overview of Time Frames and Procedures Congressional Research Service 1 id protests—or written objections to certain actions, described below,1 taken by federal agencies when acquiring supplies or services for their direct use or benefit— are of perennial interest to Congress.

Wisconsin Avenue, NW Suite Washington, DC Get Directions. Phone: Fax: Sunbelt Industries, Inc., protests the terms of invi- tation for bids (IFB) No.

AT/TCissued by the General Services Administration (GSA) for the supply of abrasives to Tinker Air Force Base, Oklahoma.

Sunbelt con- tends that GSA has included in the solicitation for alumi- num oxide abrasive grit specifications which are unduly. Protest alleging defects apparent on face of solicitation filed after date set for bid opening is untimely under Bid Protest Procedures and is dismissed.

Bidder's certification of compliance with Wage and Price Standards may not be questioned by contracting officer absent determination of noncompliance by the Council on Wage and Price.

B.B. Saxon (Saxon) protests request for proposals (RFP) F41GR issued by the Department of the Air Force, Kelly Air Fcrce Base, Texas. -The solicita-tion is for a multi-year requirements contract for the repair, overhaul and modification of aircraft engines.

GAO found that Protect the Force’s protest was untimely because it was filed more than 10 days after Protect the Force became aware of the basis for its protest. GAO did acknowledge, however, that “our bid protest regulations might be read to permit timely filing of an issue involving an alleged solicitation impropriety until up to 10 days.

Where alleged impropriety in solicitation is apparent prior to bid opening, but pro-test is not filed until twelve days after bid opening, protest is dismissed as un-timely pursuant to 4 C.F.R. S (b)(1) (). Day's Cleaning Service (Day's) protests the award of a. Subpart - Protests. Protests to VA.

(a) Agency nt to FAR (d)(4), an interested party may protest to the contracting officer or, as an alternative, may request an independent review at a level above the contracting officer as provided in this interested party may also appeal to VA a contracting officer’s decision on a protest.

Pre-award protests challenge the terms or “ground rules” of the competition as stated in the solicitation, such as, for example, challenging the Agency to clarify or remove confusing, ambiguous, or unduly restrictive requirements.

You must file a pre-award protest on or before the date and time set by an Agency for receipt of proposals.B. GAO Protests and the Second Award On July 5,Supreme filed with the GAO a protest of the award to Anham.

AR, Tab 9 at This triggered an automatic stay of Anham’s performance under 31 U.S.C. §(d)(3), and DLA accordingly suspended performance pending resolution of the protest. The protest concerns an RFP issued by the U.S. Department of Agriculture for large air tanker services for wild land firefighting.

After reviewing the solicitation, one potential offeror filed a pre-award protest arguing that the agency’s restriction on retardant tank sizes (no larger than 5, gallons) was unduly restrictive.