The Importance Of Outside Counsel In Bid Protest Cases

By Ken Weckstein and Pamela Reynolds (May 31, 2017, 10:32 AM EDT) -- A recent decision issued by the U.S. Government Accountability Office illustrates that a successful protest is not always obvious based on a post-award debriefing. In Tribalco LLC, B-414120, .1, the GAO partially sustained (and partially denied) a protest against the Army's award of a nearly $168 million delivery order issued under the Army's Communications and Transmission Systems multiple-award, indefinite-delivery/indefinite-quantity contract vehicle to IAP Worldwide Services Inc. The solicitation provided for award to the lowest price, technically acceptable proposal. Only two IDIQ contract holders submitted offers, the awardee IAP and the protester Tribalco. Tribalco's price was approximately $73 million less than IAP's proposal, but was found technically unacceptable because the Army found that its integrated master schedule ("IMS") lacked detail and failed to include a number of requirements and deliverables required by the evaluation criteria. IAP's proposal was found to be acceptable and, therefore, was selected for award....

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