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ARTICLE · 12 OCTOBER 2020

September 2020 Bid Protest Roundup

Morrison Foerster
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Morrison Foerster

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This month's bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (GAO).

United StatesGovernment, Public Sector

This month's bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (GAO). The first, Sumaria Systems, Inc., evaluates whether an agency's use of the highest technically rated, reasonably priced offeror methodology violates the Federal Acquisition Regulations (FAR). The second, AT & T Corporation, examines a conflict of interest wherein the awardee would effectively evaluate its own performance under a separate contract, and the third, CenturyLink QGS, addresses the scope of a corrective action that allegedly resulted in the disparate treatment of offerors.

Sumaria Systems, Inc.

Given Congress's recent crackdown on the use of lowest price technically acceptable (LPTA) procurements for certain acquisitions, agencies have turned to different source selection methodologies in an effort to identify reasonably priced, qualified offerors.

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Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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