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Protests & ClaimsBid Protests

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Bid Protests

3,166 articles from the Protests & Claims Brief.

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Not Much Protester Can Do to Salvage Deficient Proposal; ARCIS International-UNISECUR S.R.L.-RANGERS S.R.L. JV, GAO B-419481

Agency Threads Needle on Request for Costs: Initial Protest Argument Lacked Merit, and Agency Took Prompt Corrective Action in Response to Supplemental Arguments; Bay West, LLC—Costs; Bhate Zapata LLC—Costs, GAO B-418960.6, B-418960.7

Factual Issues Preclude Summary Judgment on Government’s Affirmative Release/Waiver Defense; Appeal of Shneez Veritas, LLC, ASBCA No. 62067

Agency Effectively Extended Proposal Deadline Even Though Amendment Extending Due Date Did Not Post Until After Deadline Passed; Zafer Taahut, Insaat ve Ticaret, A.S. v. United States, Fed. Cir. 2020-1726

Request for Protest Costs Is Premature When Agency Has Not Taken Corrective Action; Optimize Consulting, Inc.—Costs, GAO B-419212.2

“Wink, Wink, Nudge, Nudge, Say No More, Say No More”: GAO Finds that Discussions—Where Agency Dropped Unsubtle Hints About Its Concerns with the Proposal—Were Not Misleading; Zodiac-Poettker HBZ JV, LLC, GAO B-419292

Offeror that Submitted Unacceptable Proposal Lacked Standing to Challenge Awardee’s Size; Size Appeal of Advent-EDGE Solutions of Middle Atlantic, Inc., Re: Reliable Pharmaceutical Returns, LLC, SBA No. SIZ-6089

All in All, It’s Just Another Brick in the Wall: Fact that Protester’s Border Wall Proposal Received Higher Ratings in Separate But Nearly Identical Procurement Did Mean Evaluation Was Flawed; Fisher Sand & Gravel Company, GAO B-419238

Protester Failed to Support Alleged OCI with “Hard Facts”; Lukos-VATC JV III, LLC, GAOP B-418427.9, B-418427.11

Task Order Solicitation Did Not Exceed Scope of Underlying IDIQ Contract; Anduril Industries, Inc., GAO B-419420

One Vendor’s Price Was Allegedly an Outlier, But Agency Didn’t Abuse Discretion by Averaging Prices to Assess Reasonableness; Guidehouse LLP, GAO B-419336 et al.

Requirement for “Organically” Produced Action Review Packet Not Ambiguous; Barbaricum, LLC, GAO B-418427.7

Agency Reasonably Rejected Quotation Due to Distasteful Color Scheme; ERP Services, Inc., GAO B-419315

GAO Lacks Jurisdiction to Hear Challenge to Actions of Central Nonprofit Agency in Procurement Conducted Under AbilityOne Program; Melwood Horticultural Training Center, Inc., GAO B-419424

Agency Reasonably Excluded Proposal for COVID-19 Test Kits; Comprehensive Health Services, LLC, GAO B-419183.2

Agency Copied Portion of Protester’s Evaluation Summary and Pasted It In Awardee’s Evaluation, But GAO Finds No Prejudicial Error; Deloitte Consulting LLP, GAO B-419336.2

Resolving Conflicting COFC Decisions, Federal Circuit Holds that COFC Has Jurisdiction Over Implied-In-Fact Contract Claims in Bid Protests; Safeguard Base Operations, LLC v. United States, B&O Joint Venture, LLC, Fed. Cir. 2019-2261

Court Refuses to Retain Jurisdiction Over Protest to Act as Bulwark Against Potential Errors in Corrective Action; Newimar, S.A. v. United States, COFC No. 20-1724C

Agency Decision to Take Corrective Was Not Pretextual But Reasonably Based on Its Interpretation of a Regulation; Digital Forensic Services, LLC, GAO B-319305.3

Conversion of Default Termination Into Termination for Convenience Moots Claimant’s Appeal; Mubashir Ali v. Agency for Global Media, CBCA 6914