May 23, 2012 Recent GAO Bid Protest Decisions: In April we saw several new GAO decisions that

may have an impact on government procurement and which further highlight how the GAO will likely continue to handle bid certain types of bid protests. Most notable this month is yet another victory for Aldevra. In this victory for the Protestor, the GAO found that the agency failed to comply with The Veterans Benefits, Health Care & Information Technology Act of 2006. For SDVOSBs and VOSBs, this case and Aldevra's previous victories before the GAO are definitely worth reading. In this case, the GAO also recommended the reimbursement of the Protestor's costs. On the other hand, Crosstown Courier involves a loss by the Protestor on the very same issue raised in Aldevra. In Drive Developments, the Protestor challenged its exclusion from the competitive range. The GAO found the agency's action to be reasonable under the circumstances. Of particular interest was the Protestor's position that its previous performance on other contracts demonstrated that it should have been kept in the competitive range. The GAO found that position to be meritless. According to the GAO, the technical evaluation was to be based only on the information furnished. The GAO also rejected the Protestor's allegations of bias and declined to open an investigation on the grounds that such an investigation would fall outside of the GAO's bid protest function. Finally, LGS Innovation involves a request by a successful Protestor for the reimbursement of costs and fees. In the underlying protest, LGS was the prevailing party because the agency took corrective action. However, the GAO denied LGS's request for costs and fees on the grounds that the protest, although successful, was not clearly meritorious. Good Luck on that next bid!
Frank V. Reilly 101 NE Third Avenue, Suite 1500 Fort Lauderdale, FL 33301

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