Boeing Wins Bid Protest

The Government Accountability Office (GAO), after considering The Boeing Company’s protest of the award of a $35 billion contract to Northrop Grumman for refueling aerial tankers, ruled on Wednesday that the Air Force violated its own procurement practices in denying the contract to Boeing. Many are urging the Air Force to rebid the contract. More information on this may be found at the Seattle Times online website. The press release from GAO may be found at the online by clicking here.

The high profile case points out the critical importance of establishing clear evaluation criteria, strictly evaluating proposals based on the criteria, having clear solicitation documents, and treating all competing contractors equitably and fairly without giving preference, or the appearance of preference, to any party.

Government contracting must be handled in a fair and transparent manner. Bid protests can cause significant delays and additional costs for government agencies who do not manage the procurement process appropriately. Procurement and contracting functions within government agencies should be empowered to manage processes that reflect best practices and are not influenced by political considerations.

If you find yourself embroiled in a bid protest or appeal, I can provide assistance in helping to manage the process and think through the options with you.