Kayleigh Scalzo is quoted in Bloomberg Law regarding the decision by losing bidders for federal contracts not to protest COVID-19 contract awards in court or before the agency responsible for ensuring contract integrity. According to Ms. Scalzo, staying on the good side of the federal agencies that many contractors have long-term relationships with may explain, at least in part, a lack of challenges to awards. “Many companies are very thoughtful and deliberative about whether to protest, and they appreciate that protests may impact their customers and the public. That baseline thoughtfulness likely is even further heightened when it comes to COVID-19-related procurements,” she adds.
But Ms. Scalzo also cautions that the extent to which COVID -19 contract awards have been left unchallenged may not be fully known because not all protests result in published decisions. And the GAO still has time to issue decisions on protests filed over the Spring, which could reveal protests connected to the crisis, she says.
If COVID-19 starts becoming part of our routine life, pandemic-related contracts probably will become more routine too, she adds.