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Many Small Projects Do Not Equal One Big Project

Client Alert | less than 1 min read | 09.28.09

In Caddell Constr. Co. (Sept. 21, 2009), GAO found unreasonable the agency's determination that a vendor had shown the requisite experience performing services "similar in complexity, type of construction, and value to the project being bid" as required by the Security Act in a provision relating to construction of embassies, when the vendor's submission aggregated a number of smaller projects to equal the value of the construction project at issue. Contrary to the agency's determination, GAO held that the statute's experience requirement anticipates that an offeror has completed at least one construction project of similar value and complexity.

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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].”...