Protester Alleges that Anything Less than the Highest Past Performance Rating Simply Won’t Do, But GAO Leaves Company Languishing on the Fainting Couch; Zolon PCS, LLC, GAO B-418626.8May 20, 2021
Solicitation Subverted Intent of SBA’s Mentor-Protégé Regulations and Contained an Inscrutable, Undefined Requirement; Innovate Now, LLC, GAO B-419546May 19, 2021
“There is Filth on the Floor and It Must Be Scraped Up with the Muck Rake”: Agency Not Required Hunt Down and Investigate Negative News Articles Concerning Offerors; Cotton & Company, LLP, GAO B-418380.4May 19, 2021
“What’s the Frequency Kenneth?” Solicitation for Radio Test Equipment Did Not Create De Facto Sole-Source Acquisition; Tel-Instrument Electronics Corporation, GAO B-419529, B-419529.2May 18, 2021
Agency Not Required to Use Any Specific Technique in Analyzing Unbalanced Pricing; IAP World Services, Inc. v. United States, COFC No. 20-1116CMay 18, 2021
Small Business that Earned 100% of Its Receipts from Another Company Was Not Economically Independent; Darton Innovative Technologies, Inc. v. United States, COFC No. 21-856May 18, 2021
Four Seasons or Four Seasons Total Landscaping? Protester Argued that Awardee’s Lease Proposal Was Unacceptable Because Offered Property Was in Run-Down Industrial Area, But Protester Proposed Property in the Same Neighborhood; Command and Control Construction, LLC, GAO B-419567May 17, 2021
Agency Had Discretion to Designate 8(a) Procurement as Follow-On, Rather than New, Requirement; Unami, LLC, GAO B-419601May 17, 2021
Protester Attempts to Use Late-Is-Late Rule as a Sword Against a Competitor (and Almost Succeeds), But Court Finds No Prejudice from Agency’s Acceptance of Late Proposal; KGL Food Service WLL v. United States, COFC No. 20-662CMay 14, 2021
Agency Not Obligated to Look for Past Performance Information Protester Didn’t Submit; F-2 Solutions, LLC, GAO B-418950.2, B-418950.3May 14, 2021
GAO Is Cool with Agency Decision to Establish Single BPA Rather than Multiple BPAs; Active Deployment Systems, Inc., GAO B-419696May 13, 2021
No Disparate Treatment Where Protester and Awardee Had Same Quantity of “Good” Ratings, But Awardee Had Higher Quality Ratings; Blue Water Thinking, LLC; AcesFed LLC, GAO B-41961.9 et al.May 13, 2021
Agency Reasonably Limited “Interchanges” to Offerors that Had Potential to Provide the Best Value; PAE Aviation and Technical Services, LLC, GAO B-418828.3May 13, 2021
Protest Challenging Agency’s Conduct of Ongoing Corrective Action is Premature; Systems Implementers, Inc., GAO B-418963.4May 13, 2021
COFC Denies Motion to Dismiss Amazon’s Presidential Bias Theory in JEDI Protest; Amazon Web Services, Inc. v. United States, COFC No. 19-1796CMay 12, 2021
GAO Sustains Protest of FSS Task Order, Finds Awardee Offered Services Outside the Scope of Its FSS Contract; Deloitte Consulting, LLP, GAO B-419508, B-419508.2May 12, 2021
Although Ultimately Wrong, Agency’s Legal Position Was Reasonable When the Protest was Filed, So Protester Was Not Entitled to Costs; Brown Developments, LLC – Costs, GAO B-419279.2May 12, 2021
No Problem with Agency’s Bundling of Requirements; Roche Diagnostics Corporation, GAO B-419510, B-419510.2May 12, 2021
Agency Mislabeled the Solicitation But the Protester Waited too Long to Challenge the Error; US21, Inc., GAO B-419747May 12, 2021
In Stinging Rebuke to Bill & Ted’s Excellent Model of Proposal Drafting, GAO Finds Agency Reasonably Assessed Weakness to Proposal that Listed Dead Historical Figures—Johannes Gutenberg and Nickola Tesla—as Essential Personnel; Trilogy Federal, LLC, GAO B-418461.11, B-418461.18May 11, 2021
