Agency Should Not Have Prequalified Firms Seeking Embassy Contact

The Government Accountability Office (GAO) ruled that the State Department made a mistake in prequalifying two firms seeking an embassy construction contract because they did not satisfy a revenue qualification and other criteria under the Omnibus Diplomatic Security and Antiterrorism Act of 1986. The GAO allowed protests to proceed despite being filed nine months after the issuance of the prequalification decisions. Going forward, protests must be filed within 10 days. Public Practices partner Alex D. Tomaszczuk called it a "fascinating and important decision." He notes that the ruling puts the GAO directly at odds with the Court of Federal Claims which is relatively rare in government contracts law. Click here to read the full article (subscription required).