This installment of our monthly bid protest Law360 spotlight takes a look at three protest
decisions from August, highlighting the most noteworthy aspects of
the decisions for companies competing for contracts and agencies
seeking procurement.
The first examines the Government Accountability Office's
("GAO") decision to deny a protest challenging an
agency's decision to withhold proprietary data from prospective
offerors in a solicitation. GAO had to closely review the terms of
the solicitation and evaluation scheme to determine if the data was
necessary for offerors to submit intelligent and responsive
proposals.
Our second decision is a case involving information security
requirements and whether a contractor could wholly rely on its
subcontractor to meet the requirements under the terms of the
solicitation. This decision also serves as an important reminder
that the GAO has strict timeliness rules regarding challenges to
improprieties of solicitations.
