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GAO Blasts FBI's "Second-Tier" IDIQ Solicitations

Client Alert | less than 1 min read | 10.15.15

In Harris IT Servs. Corp. (Oct. 2, 2015), GAO arrested the FBI's issuance of two solicitations under existing IDIQ contracts because each solicitation called for a single, "second-tier IDIQ instrument" that would deny other, existing IDIQ holders the fair opportunity to compete for future task orders as required by FAR 16.505. GAO also found that the contemplated future task orders could potentially exceed the scope of the underlying IDIQ contracts and contained unduly restrictive specifications.


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Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....