Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

GAO Sustains Bid Protest Where, Among Other Things, the Agency Improperly Considered Cost Risk under Its Technical Evaluation

By Aron C. Beezley on August 16, 2016
Email this postTweet this postLike this postShare this post on LinkedIn

GAO Sustains Bid Protest Where, Among Other Things, the Agency Improperly Considered Cost Risk under Its Technical EvaluationRecently, the Government Accountability Office (GAO) sustained a bid protest involving the U.S. Army Corps of Engineers’ (USACE) evaluation of proposals for remedial action and surface support assistance at the Gilt Edge Mine Superfund Site near Lead, South Dakota.  See Arcadis U.S., Inc., B-412828 (2016). While the GAO sustained the protest on approximately ten different grounds, the GAO’s holding with respect to the USACE’s consideration of cost implications during its evaluation of the protester’s technical proposal is particularly noteworthy.

The USACE assigned the protester’s technical proposal various “weaknesses” because the USACE believed that the protester’s technical approach posed a cost risk to the USACE. The protester argued that the USACE’s focus on cost in its evaluation of the protester’s technical approach was unreasonable because the cost of the technical features was included in the protester’s fixed-price proposal, and thus posed no independent cost risk to the government. The GAO sided with the protester on this issue (as well as several others), finding that the USACE’s “focus on cost in the context of making assessments under the technical approach factor – particularly where the approach is otherwise viewed as offering a benefit to the government – was not reasonable.”

Importantly, the GAO’s holding in this regard is applicable far beyond the context of remediation services contacts, such as the one at issue in the protest. Instead, the GAO’s holding applies to fixed-price federal contracts across all industries – including construction and beyond.

*Note:  This author, along with Douglas L. Patin and Lisa A. Markman of Bradley, represented the protester in this case.

Click here to view as PDF

Photo of Aron C. Beezley Aron C. Beezley

Aron Beezley is the co-leader of Bradley’s nationally ranked Government Contracts Practice Group. Ranked nationally himself in Government Contracts Law by Chambers, Law360, Benchmark Litigation, and Super Lawyers, Aron’s vast experience includes representation of government contractors in numerous industries…

Aron Beezley is the co-leader of Bradley’s nationally ranked Government Contracts Practice Group. Ranked nationally himself in Government Contracts Law by Chambers, Law360, Benchmark Litigation, and Super Lawyers, Aron’s vast experience includes representation of government contractors in numerous industries and in all aspects of the government-contracting process, including negotiation, award, performance and termination.

Read more about Aron C. BeezleyEmailAron's Linkedin Profile
Show more Show less
  • Posted in:
    Government Contracts
  • Blog:
    BuildSmart
  • Organization:
    Bradley Arant Boult Cummings LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo