GAO Clarifies Mentor‑Protégé Joint Venture Past Performance Rules: Agencies Have More Discretion Than Ever
Article By: Nicholas Hopkins, Associate A recent GAO bid protest decision offers more clarity on agency evaluation of JV past performance for mentor‑protégé joint ventures. Due to an evolving regulatory scheme, agencies may evaluate the mentor’s past performance alone. However, agencies have more discretion than ever, and may still require a showing of protégé...
Read More
GAO: Failure to Acknowledge Material Amendment Requires Bid Rejection
Article by: Nicholas Hopkins, Associate On February 5, 2026, the Government Accountability Office (GAO) sustained the protest of Morrish‑Wallace Construction d/b/a Ryba Marine Construction Co., B‑423796.2, ruling that the Army Corps of Engineers improperly awarded the contract due to awardee’s failure to acknowledge a material solicitation amendment, a bid defect that cannot be cured...
Read More
Protests Based on Impaired Objectivity Organizational Conflict of Interests (“OCI”) Continue to Find Success at GAO
In Solutions71, LLC: B-423671.2, GAO sustained the third impaired objectivity OCI protest within the last six months. GAO’s decision in Solutions71 joins Castro & Company, LLC: B- 423689 and DirectViz Solutions, LLC:B- 423366; B-423366.3; B-423366.4 in what has become an increasingly successful protest ground. What is an Impaired Objectivity OCI? An impaired objectivity OCI...
Read More