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Blanket Purchase Order Does Not Equal Task Order Contract

Client Alert | less than 1 min read | 01.19.10

In C & B Constr., Inc. (Jan. 6, 2010), GAO explained that it had jurisdiction to review protests of task orders issued under Blanket Purchase Agreements ("BPA"), even if the task order is valued less than $10 million (the statutory limit for GAO to review protests of task or delivery order contracts), because BPAs are different from task or delivery order contracts. GAO then sustained the protest because the source selection decision was based on numerical scores without adequate substantive discussion.

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Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...