GAO Reaffirms Difference Between Experience and Past Performance—Offeror Can Have High Experience Rating While Lacking Relevant Past Performance; Primary Care Solutions, Inc. GAO B-418799.3, B-418799.4October 1, 2021
Agency Reasonably Found that Past Performance in Hawaii, Alaska and Guam Was More Relevant for Contract in Continental U.S. than for Contract In Europe; Fidelity Decypher Services, LLC GAO B-418542.2, B-418542.3October 1, 2021
COFC Stands Athwart the Tide of Blue & Gold Creep and Says “Stop”; VS2, LLC v. United States, COFC No. 21-1028CSeptember 30, 2021
No Latent Ambiguity When Protester’s Interpretation of Solicitation Didn’t Actually Differ From Agency’s; AlterG, Inc. GAO B-419936September 30, 2021
“Oh Well, Whatever, Nevermind”: Agency’s Lackluster, Slapdash Evaluation Can’t “Withstand Logical Scrutiny”: Marquis Solutions, LLC, GAO B-419891, B-419891.2September 29, 2021
Agency Asked Awardee to Add Costs Related to COVID-19 Pandemic, But This Didn’t Mean the Agency’s Requirements Had Changed; Progress for Bakersfield Veterans, LLC, GAO B-418703.7, B-418703.8September 28, 2021
Although It Lost on the Merits, Protester Had Standing to Challenge Agreement Awarded Under DoD’s Commercial Solutions Opening Program; Kinemetrics, Inc. v. United States, COFC No. 21-1626September 28, 2021
“I Get By With a Little Help from My Friends”: Agency Did Not Err In Finding Protester’s Alleged Minor Subcontractor Was Really a Major Subcontractor; XL Associates, Inc. v. United States, COFC No. 21-1095September 28, 2021
From the Annals of Ill-Fated Protest Arguments, Special Snowflake Edition: Agency Not Required to Assess Strength for “Uniqueness” of Offeror’s Approach; Metric 8, LLC, M6-VETS, LLC, RCH Partners, LLC, Stratera Fulcrum Technologies, LLC, MERPTech, LLC, GAO B-419759.2September 27, 2021
Awardee’s Subcontractor Was “Operationally Involved” in Incumbent Contract, But this Involvement Did Not Result in Unequal Access OCI; Pioneer Corporate Services, Inc. , GAO B-4186789.5September 27, 2021
Protester Claims Awardee’s Approach is Cheap and Risky, But GAO Says Too Bad, the Solicitation Didn’t Require a Price Realism Analysis; Raith Engineering and Manufacturing Company, WLL, GAO B-419023.4September 24, 2021
COFC Rejects Challenge to Price Evaluation, Protester Wanted a More Nuanced Analysis than Solicitation Required; 10 Tanker Air Carrier, LLC v. United States, COFC No. 21-1084September 23, 2021
Protester Misinterpreted Solicitation’s Cap on Employee Compensation; AIMS Locum Tenens, LLC, GAO B-419723September 23, 2021
Protester Alleges Agency Flubbed Evaluation, But GAO’s Not Feeling It; Odin Construction Solutions, Inc., GAO B-419793, B-419793.2September 23, 2021
Delay Resulting from Repeated Protests Justifies Sole-Source Award; Innotion Enterprises, Inc., GAO B-419907September 22, 2021
Do I Have to Spell It Out For You? Agency Appropriately Advised Protester Its Price was “High”, Wasn’t Required to Say Price was “Unreasonable”; Facility Healthcare Services, Inc., GAO B-418743.2, B-418743.3September 22, 2021
Agency’s Decision to Reevaluate Proposals as Part of Corrective Action Did Not Resuscitate an Argument that Should Have Been Raised in an Initial Protest; Saalex Solutions, Inc. GAO B-418729.3September 22, 2021
Agency Disparately Evaluated Quotations, But It Didn’t Prejudice the Protester; Data Computer Corporation of America, GAO B-419033.4 et al.September 21, 2021
Contractor Sells Assets While Litigating Protest, Loses Its Interested Party Status; Land Shark Shredding, LLC v. United States, COFC No. 19-711CSeptember 20, 2021
Awardee’s Proposal Contained Errors, But Those Errors Were Not Material Misrepresentations; PAE Aviation and Technical Services, LLC, GAO B-417704.7, B-417704.8September 20, 2021
