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Government Contracts: GAO Issues Rare Decision Sustaining Corrective Action Challenge

The Situation: Challenges to the scope of an agency's corrective action are notoriously hard to win at the U.S. Government Accountability Office ("GAO") because of the high level of deference normally afforded to agencies in...more

Government Contracts: Company's Key Personnel Rendered “Unavailable” Because of Denied Security Clearance

The Situation: The U.S. Government Accountability Office ("GAO") recently sustained a bid protest concluding that a company was ineligible for award because of "key personnel unavailability." Although the employee remained...more

Government Contracts: GAO's 2019 Bid Protest Report to Congress Highlights Protest Effectiveness

The Situation: The U.S. Government Accountability Office ("GAO") recently released its annual Bid Protest Report. The Result: The report contains a wealth of information about bid protests, including statistics and...more

GAO: Contractors Must Diligently Pursue Agency Debriefing, Even After Making a Timely Request

The Situation: The U.S. Government Accountability Office ("GAO") dismissed a protest challenging a contractor's exclusion from the competitive range based upon the contractor's failure to diligently pursue a debriefing....more

DoD Continues to Interpret "Commercial Item" Broadly, Despite Recent Attempts to Narrow

The Situation: The U.S. Department of Defense has faced criticism from the Office of Inspector General and the Government Accountability Office concerning its handling of commercial item procurements. The Response: As a...more

GAO's Bid Protest Report to Congress for 2017 Shows Record High Effectiveness Rate

The Situation: The Government Accountability Office publishes an annual report detailing bid protest activity for the prior fiscal year. The Result: The fiscal year 2017 report shows that the sustain rate for bid protests...more

GAO Finds That Proposal’s Mention of Arbitration Agreements Warrants Sustaining Protest

The Situation: GAO sustained a protest challenging a task order award where the awardee's proposal included letters of intent that mentioned an arbitration agreement that was required as a condition of employment. The...more

Key Personnel Departures: The Death Knell for Pending Federal Agency Proposals

In 2014, the U.S. Government Accountability Office ("GAO") sustained a protest by Paradigm Technologies, Inc., challenging the award of a contract to an offeror, where its proposed contract program manager (a key personnel...more

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