More issues

Lost in the mail

The USPS had an interagency agreement under the Economy Act with the Equal Employment Opportunity Commission for postage. Under the IAA, USPS used Auctane (stamps.com) to supply the postage for the EEOC. When the government cut a purchase order to Auctane without competition, Pitney Bowes protested. But, here, apparently, the EEOC's use of a purchase order was not for new services, but instead "to effectuate payment of goods (postage) obtained through the IAA." That's because, previously, a "technical error with the platform prevented the payment of postage from being deducted from the EEOC's account," and the purchase order was intended to cover that cost. As a result, the GAO rejected Pitney's claim because it had "no basis to question the propriety of the IAA."

GAO: Pitney Bowes, Inc., B-423984,B-423984.2 (Feb 05, 2026)

Agency didn't have to clarify vendor's mistakes

Agency requested that vendors include "pre-priced, and non-pre-priced, coefficients for each performance location" as part of vendors' pricing proposals. One of the vendors, however, in the pricing spreadsheet didn't provide coefficients, it provided the full total within the proposal. On protest, that vendor argued that "because it made an obvious error in its pricing proposal, the agency should have afforded the firm an opportunity to correct its mistake." GAO disagreed, noting its longstanding view that seeking clarifications is an option, not an obligation. Protest denied.

GAO: Diversified Maintenance Systems, Inc., B-423945,B-423945.2 (Jan 29, 2026)

Minimum thresholds can be informed by incumbent rates

The Air Force solicited proposals for "training intelligence plans and exercise support for cyber readiness operations and weapons and tactics network defensive operations" and made an award to Cherokee Nation Strategic Programs, LLC (CNSP). Protestor argued that the Air Force evaluation of its proposal was unreasonable, but GAO found that the record supported the agency's evaluation. Protestor also argued that CNSP's cost was unrealistic because the agency used an "arbitrary" floor of 15% below incumbent labor rates. GAO rejected the argument, finding credible the agency's explanation that the 15% floor was "based on the collective experience of the evaluation team to determine whether a proposed labor rate was unrealistic and could present a risk to program success." GAO also rejected protestor's claim of unequal discussions and found that the agency's best-value tradeoff was documented and reasonable. Protest denied.

GAO: Inflowlogistics LLC, B-422811.3 (Jan 20, 2026)

COFC injunctions are not suggestions

On May 5, 2025, the COFC issued an injuction to the Army to "conduct a new evaluation of the offerors’ initial proposal submissions in accordance with the Solicitation." In September 2025, the Army decided to amend the Solicitation and requested revised proposals. The protestor argued that this decision violated the court order, and the court agreed: "the Court holds that the Army’s actions achieved the same result that the injunction forbade: evaluating altered proposals beyond those included in the initial proposals." Permanent injunction issued.

COFC: Gemini Tech Services LLC v. United States, 24-1494 (Feb 5, 2026)

Documentation didn't depend on candidates' employment status

Agency found protestor's proposal to be non-responsive because the protestor did not include the required documentation for its personnel as part of the offer. Protestor claimed that the proposed personnel was a contractor, not a current employee, so no documentation was required. But the agency and GAO disagreed based on the plain language of the solicitation.

GAO also rejected protestor's claim that the agency needed to refer the protestor's disqualification to the SBA for a Certificate of Competency. But, GAO noted that the agency disqualification was based on the proposal's deficiencies, not on a non-responsibility determination.

Protest denied.

GAO: Salvadorini Consulting, LLC, B-423897 (Jan 22, 2026)

A product can still be commercial even if modified

GSA sought to purchase "security containers," like it had done for more than 20 years, using commercial procedures under FAR Part 12. But protestor claimed that the product it sold was not commercially available because of some government-specific modifications. GSA's market research suggested otherwise and GAO agreed with the agency, noting that the products were "'of a type' of product sold commercially." Protestor also challenged GSA's inclusion of a liquidated damages clause, but GAO agreed with GSA that the clause was not punitive. Protestor also alleged that the solicitation contained erroneous information (though corrected by the agency), and had ambiguous or conflicting clauses related to hazardous waste and price adjustments. GAO disagreed and said that the clauses were just fine.

GAO: Alpha Safe and Vault, Inc., B-423834.2 (Feb 04, 2026)

Subscribe to GovContrActually

Don’t miss out on the latest issues. Sign up now to get access to the library of members-only issues.
jamie@example.com
Subscribe