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GAO Dismisses Subcontract Protest

Client Alert | less than 1 min read | 05.19.04

Noting that its protest jurisdiction extends only to awards “by a Federal agency,” in Addison Construction, Inc., B-293805, April 20, 2004, GAO dismissed the protest because the prime contractor evaluated the proposals and made the award decision. However, GAO noted it would take jurisdiction if the agency handled all the substantive aspects of the procurement, even if the prime contractor handled the procedural aspects, such as issuing the solicitation and receiving proposals.

Insights

Client Alert | 4 min read | 09.15.26

GAO Indicates Reasonable Conflict of Interest Investigation Must Include Inquiry of Involved Firm

The U.S. Government Accountability Office’s (GAO) recent decision in Viderity Inc.—Costs, B-424422.5, Sept. 1, 2026, offers useful insight into what constitutes a legally sufficient conflict of interest investigation. The decision arose in an unusual procedural posture: Viderity initially protested, alleging that an agency evaluator had a personal conflict of interest. After the agency took corrective action, Viderity filed a cost entitlement claim requesting that GAO direct the agency to reimburse Viderity’s protest costs. In evaluating that claim, GAO assessed whether Viderity’s underlying protest ground was “clearly meritorious.”...