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GAO Rejects Misclassified Contract

The Government Accountability Office has ruled that an RFP that was misclassified on FedBizOpps denied contractors a fair opportunity to make offers.

The Federal Emergency Management Agency issued the solicitation for on-site facility support services for temporary housing units under procurement classification code 99, “Miscellaneous.” TMI Management Systems Inc. of Easton, PA, protested that a contractor looking for support services opportunities could not have found the RFP because the “Miscellaneous” category is generally used for products rather than services.

GAO agreed: “An agency’s notice must provide an ‘accurate description’ of the property or services to be purchased and must be sufficient to allow a prospective contractor to make an informed business judgment as to whether to request a copy of the solicitation.”

FEMA argued that a contractor could search FedBizOpps by NAICS code or keyword, but GAO called that “unreasonable.”

GAO recommended that FEMA reopen the competition using a different classification code.

The case is Matter of: TMI Management Systems, Inc., File: B-401530.


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