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The circumstances justifying bid protest cost reimbursement must involve "undue delay" by the agency in "taking corrective action in the face of a clearly meritorious protest". [27] The GAO confirmed in 2014 that its jurisdiction includes investigation of protests raising allegations of agency violation of the Procurement Integrity Act. [28]
The Competition in Contracting Act (CICA) of 1984, 41 U.S.C. 253, is United States legislation governing the hiring of contractors.It requires U.S. federal government agencies to arrange “full and open competition through the use of competitive procedures” in their procurement activities unless otherwise authorized by law. [1]
The Government Accountability Office (GAO) has observed that "responsiveness is determined at the time of bid opening from the face of the bid documents", [42] and that "unless something on the face of the bid, or specifically a part of it, limits, reduces or modifies the bidder's obligation to perform in accordance with the terms of the ...
A successful protest can result in reconsideration of the decision to award the contract or award of the contract to the protester in lieu of the original awardee. Even though a successful protester may not ultimately be awarded the contract, the government agency may have to pay the protester's bid and proposal costs.
NASA Office of Inspector General stated that Blue Origin and Dynetics's bid protests had caused a 4-month delay in the program. [ 23 ] : 15 About two years later in May 2023 NASA awarded Blue Origin a $3.4 billion contract to develop a competing moon lander , compared to the $2.89 billion of the original bid that lead to the lawsuit.
The GAO's Fiscal Year 2016 annual budget was $555 million, with "Measurable financial benefits from GAO work: $63.4 billion--a return of about $112 on every dollar invested in GAO." [12] In contrast, GAO reports show that the Defense Department's 2,200 overlapping financial systems cost $18 billion a year to operate. [5]
Prior to the end of the bid period, and prior to any public announcement by NASA of the results of the process, Blue Origin filed a protest with the U.S. General Accounting Office (GAO) "over what it says is a plan by NASA to award an exclusive commercial lease to SpaceX for use of mothballed space shuttle launch pad 39A". [16]
Sen. James J. Davis (R-PA) and Rep. Robert L. Bacon (R–NY-1), the co-sponsors of the Davis–Bacon Act. The Davis–Bacon Act of 1931 is a United States federal law that establishes the requirement for paying the local prevailing wages on public works projects for laborers and mechanics.