So You Want to Recover Protest Costs. How Do You Determine Whether Your Unsuccessful Arguments Are Severable from the Successful Ones?October 19, 2022
The Protester Said the Agency’s Market Survey Was Tacitly Manipulative. Why Didn’t GAO Buy this Argument?October 18, 2022
COFC Strikes a Blow Against the Tyranny of the “Late Is Late” Rule, But Did the Court Resolve a Precedential Split over the “Government Control” Exception?October 17, 2022
Did the Agency Forgo a Qualitative Evaluation or Was There Just No Basis to Discriminate Between Proposals?October 13, 2022
Equitable Subrogation: Is It a Viable Claim or Just a Desperate, Last-Ditch Answer to a Bar Exam Question You Didn’t Understand?October 12, 2022
How Many Unacceptable SDVOSB Proposals Must an Agency Receive Before It Can Nix the Set-Aside Decision and Hold an Unrestricted Competition?October 12, 2022
Solicitation’s Price Criteria Mentioned “Risk”. Did This Obligate the Agency to Assess Realism?October 11, 2022
Agency Didn’t Respond to an Agency Protest. Why Was the Agency’s Inaction Considered Adverse Action?October 7, 2022
Protester Said Its Proposal Had a Massive Technical Advantage Over the Awardee. Did GAO Think the Proposal Was So Self-Evidently Superior?October 6, 2022
So Agencies Must Purchase Items on the AbilityOne Procurement List from Mandatory Sources, But How Mandatory Is that Mandate?October 5, 2022
Protester Thought Its “Extremely High-Priced” Proposal Had a Reasonable Chance of Award. Was GAO Convinced?October 5, 2022
How Did this Protester’s Byzantine Corporate Structure Tank Its Claim for Proposal Costs?October 4, 2022
I Have A Sneaking Suspicion the Awardee Misrepresented Its Resources Available for the Contract. Is that Enough to Sustain a Protest?October 3, 2022
Was this Protester Confused About the Difference Between the Solicitation’s Performance Factor and Past Performance Factor?September 29, 2022
OHA Dismissed a Size Appeal for Lack of Standing, but COFC Reversed. Why Did the Court Think the OHA Decision Was “Anything But Logical”?September 27, 2022
The Agency Planned to Evaluate Offers Holistically. Did this Permit the Protester to Propose a “Flexible” Management Approach?September 26, 2022
