January 2022 Bid Protest Roundup

This month's bid protest roundup begins with two decisions, one from the Small Business Administration's Office of Hearings and Appeals (OHA) and another from the Government Accountability Office (GAO), highlighting potential pitfalls that await offerors that undergo a merger, acquisition, or other corporate transaction while a proposal is pending. The first, Odyssey Systems Consulting Group, examines the effect a stock acquisition may have on pending task order proposals under multiple-award contract vehicles. The second, Vertex Aerospace, reiterates the importance of notifying customers when undergoing such transactions and explaining their effect (or lack thereof) on the offeror's ability to perform as proposed. Our third spotlighted decision, again from GAO, offers a warning to bidders that social media and other public sources, in this case LinkedIn, can and will be used against them if providing information contradicting representations in their proposals.