No Costs for Unsuccessful Protest Arguments That Were Not Related to or Intertwined with Successful Argument; BluePath Labs, LLC –Costs, GAO B0417960.4June 22, 2020
“But First, Are You Experienced?”: Agency Justified in Rejecting Proposal Due to Lack of Corporate Experience; NIKA Technologies, Inc., GAO B-418563June 19, 2020
Allegation that Awardee’s Proposed Item Are Not Energy-Efficient Fizzles; Alvarez, LLC, GAO B-418367.6, B-418367.7June 19, 2020
Federal Circuit Holds that Protest Challenging Agency’s Disclosure of Information to Offerors Is Barred by Blue & Gold—Dissent Questions Whether Blue & Gold Is Still Valid; Inserso Corporation v. United States, Fed. Cir. 2019-1933June 18, 2020
“It’s Too Late, Baby Now, It’s Too Late, Though We Really Did Try to Make It”: Protest Arguments, Which Were Essentially Challenges to the Solicitation, Dismissed as Untimely; American Systems Group, GAO B-418535June 18, 2020
Agency’s Price Reasonableness Evaluation Disregarded Solicitation and the FAR; Dyncorp International LLC v. United States, COFC No. 19-1133June 17, 2020
Agency’s Use of Permissive Rather than Preferred Price Analysis Techniques Not a Perversion of the FAR; Dyncorp International LLC v. United States, COFC No. 19-1133June 17, 2020
Protester Can’t Tout Its Subcontract with the Incumbent In Its Proposal and then Cry “Unstated Criteria” when the Agency Considers the Incumbent’s Subpar Performance In the Award Decision; STG LLC, GAO B-418490, B-418490.2June 16, 2020
No Voodoo In the Redo: GAO Cool With Revaluation that Yielded Different Ratings than Initial Evaluation; Mancon, LLC, GAO B-417571.5, B-417517.6June 16, 2020
Agency Botched Evaluation But Not Enough to Prejudice Protester; Inquiries, Inc., GAO B-418486 et al.June 15, 2020
Federal Circuit Overturns ASBCA, Holds that Equitable Adjustment is Unwarranted If Claimant’s Interpretation of the Contract is Unreasonable; United States Army Corps of Engineers v. John C. Grimberg Co. Inc., Fed. Cir. 2019-1608June 12, 2020
GAO Finds Agency Disparately Evaluated Offerors, Sustains Protest; Battelle Memorial Institute, GAO B-418047.3, B-418047.4June 12, 2020
GAO Can’t Hear Protest Involving Development of COVID-19 Care Network Because Solicitation Was Issued Under Agency’s Other Transaction Authority; System Architecture Information Technology, GAO B-418721June 12, 2020
GAO Affirms Agency’s Substantial Discretion in Evaluating R&D Proposals Under the SBIR Program; Wang Electro-Opto Corporation, GAO B-418523June 12, 2020
Contractor Can’t Recover Costs Incurred as a Result of a Third Party’s Conduct; ECC International Constructors, LLC v. Secretary of the Army, Fed. Cir. 2019-1619June 11, 2020
GAO Jurisdiction Inoperative If the Agreement is Cooperative; Tactical Solutions International, Inc., GAO B-418748June 11, 2020
“Look What You Made Me Do”: Agency’s Discussions Did Not Coerce Protester Into Raising Its Price; Quality Control International, LLC v. United States, COFC No. 20-37CJune 10, 2020
Dissatisfaction with Incumbent’s Performance Doesn’t Justify Sole-Source Award to Another Contractor; Utech Products d/b/a EndoSoft, LLC v. United States, COFC No. 20-315CJune 9, 2020
No Problem With SSEB Member Providing Past Performance Information on Offerors; EFW, Inc. v. United States, COFC NO. 20-92CJune 9, 2020
Requirement that Agency Review Realism of Low Labor Rates Did Not Preclude It from Assessing Realism of All Proposed Rates; Agile Defense, Inc. v. United States, Fed Cir. 2019-1954June 8, 2020