Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive
By EsqSocial Corporation 05/01/21
Procuring agencies have wide latitude in developing requirements for their solicitations. When provisions are challenged, the U.S. Government Accountability Office (“GAO”) merely evaluates whether the agency’s justification for the requirement at issue is rational and can withstand logical scrutiny. However, there are limits to the agency’s discretion. Agencies may not…...
By: Vandeventer Black LLP