Sole-Source Protest Win Nets Only Protest Costs
Client Alert | less than 1 min read | 12.08.05
In Europe Displays, Inc. (Dec. 5, 2005, http://www.gao.gov/decisions/bidpro/297099.pdf), GAO sustained a protest challenging a sole-source award under Simplified Acquisition Procedures because the agency’s justification was not objectively reasonable based on the information reasonably available to the agency, regardless of whether the agency had acted in good faith. However, because the contract had been fully performed by the time of the GAO decision, GAO awarded the protester only its protest costs, reasoning that the cost of responding to a FedBizOpps announcement of a proposed sole-source award, including preparation of a capability statement, is not a “proposal” cost for which GAO can recommend reimbursement.
Insights
Client Alert | 5 min read | 06.05.26
The Office of Management and Budget issued on May 29, 2026 a Proposed Rule that would significantly revise the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 C.F.R. Part 200, potentially impacting the full lifecycle of federal grants, cooperative agreements and other forms of financial assistance, from pre-award merit review through post-award administration and termination. These proposed changes are designed to implement the President’s policy priorities, executive actions related to diversity, equity and inclusion (DEI) activities, and Executive Order No. 14332, Improving Oversight of Federal Grantmaking (EO 14332).
Client Alert | 5 min read | 06.04.26
EU Pay Transparency Directive: The Transposition Deadline is Looming — What Now?
Client Alert | 4 min read | 06.04.26
Surveillance Pricing Update: California’s Sweeping AB 2564 Passes Assembly and Heads to Senate
Client Alert | 4 min read | 06.04.26
USTR Proposes Sweeping Tariffs as Part of Section 301 Forced Labor Import Enforcement Investigation
