By Paul Emanuelli

In its January 2016 decision in Export 220Volt, Inc., the GAO ordered a re-evaluation of transformer tenders after finding that the government had failed to establish the compliance of the winning bidder’s proposed equipment. The RFP required suppliers to submit product literature to substantiate the acceptability of their proposed products. However, the GAO found that the government neglected to enforce this requirement, simply relying on the winning bidder’s general representation of compliance. The GAO ordered a re-evaluation after noting that “blanket statements of compliance” are insufficient when a solicitation specifically calls for product literature to demonstrate compliance.