The Price Was Not Right - Resulting Award Decision Therefore Unreasonable

Posted on July 16, 2008 by Abby Brown

GAO sustained a protest by Fedcar Company, Ltd (“Fedcar”) of the General Services Administration’s (“GSA’s”) award to Duke Realty Limited Partnership (“Duke”) of a 15-year contract for the construction and lease of a “fully-serviced FBI campus facility.”  GAO held that GSA’s source selection decision was not reasonable because it used an incorrect calculation to determine Duke’s price.  GAO also held that the evaluation of the relative merits of the proposals was insufficiently documented.

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Bureau Of Indian Affairs Has Discretion To Interpret Standards For Buy Indian Act, But Not To Ignore A Mandatory Solicitation Requirement

Posted on July 1, 2008 by Abby Brown

GAO sustained the protest of Native American Industrial Distributors, Inc. (“NAID”) of the Bureau of Indian Affair’s (“BIA’s”) award of a fixed-price contract to Chenega Federal Systems, LLP, for information technology infrastructure services.  BIA set aside the solicitation under the Buy Indian Act, which permits a preference in purchasing the products of Indian industry.  NAID challenged BIA’s determination that Chenega was eligible for awards of contracts set aside under the Buy Indian Act.  GAO disagreed, upholding BIA’s method for determining eligibility.  NAID added a supplemental protest after BIA provided the administrative record challenging Chenega’s failure to provide required letters of commitment from proposed key personnel.  GAO sustained on this basis, but as can be seen below, a sustained protest does not always yield the outcome a protester wants.

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