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ARTICLE · 08 MARCH 2016

GAO Further Clarifies Its Rule On Differing Technical Reevaluations

Morrison Foerster
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It is not surprising that after four protests of the same task order, three corrective actions by the agency, and four evaluations of technical proposals, the final evaluation ratings may differ from prior evaluations.

United StatesGovernment, Public Sector

It is not surprising that after four protests of the same task order, three corrective actions by the agency, and four evaluations of technical proposals, the final evaluation ratings may differ from prior evaluations. Such variations are not necessarily improper as the GAO made clear in a recent protest.

On January 29, 2016, the GAO released a decision denying a protest filed by MILVETS Systems Technology, Inc., B-409051.7; B-409051.9. The procurement history at issue in MILVETS was complicated, beginning with the release of the solicitation by the Department of Agriculture ("USDA") in July 2013. In sum, two consecutive awards were made to MILVETS and each was protested, causing the USDA to take corrective action twice by reevaluating technical proposals.

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