Agency Erred in Assessing a Deficiency, But The Protester Wasn’t Prejudiced; BNP Education Partners LLC d/b/a Marzano Research, GAO B-420247February 11, 2022
Proposal Undone By Less Than Stellar Oral Presentation; XL Associates, Inc., GAO B-420078, B-420078.2February 10, 2022
Proposal’s 102% Escalation Rate Between the Base Year and First Option Year Results in Finding of Unbalanced Pricing; Doore Tour Company, Ltd., GAO B-420326February 10, 2022
Agency Not Required to Discern Timeframes from Offeror’s Proposal; J.E. McAmis, Inc., GAO B-420310February 10, 2022
OHA Appeal Dismissed for Failing to Allege an Error; CVE Appeal of Watanabe Enterprises, LLC, SBA No. CVE-218-AFebruary 10, 2022
COFC Renounces GAO Rule, Declines to Find Offeror Has Duty to Notify Agency of Changes in Personnel; Golden IT, LLC v. United States, COFC No. 21-1966CFebruary 9, 2022
Protester Couldn’t Convince FAA that Its Approach Was Not High Risk; Protest of Rockwell Collins, Inc., FAA 21-ODRA-00886February 9, 2022
Contractor Couldn’t Prove When It Submitted Incurred Cost Proposals, So It Couldn’t Assert SOL as Defense to Government Claim for Disallowed Costs; Appeal of Strategic Technology Institute, Inc., ASBCA No. 61911February 8, 2022
Protester Reasonably Received a Weakness for Merely Acknowledging RFP Requirement Instead of Showing How It Would Meet those Requirements; Emagine IT, Inc., GAO B-420202, B-420202.2February 8, 2022
Protester Persuades COFC that Ambiguity in Solicitation Was Latent, Not Patent, Convinces Court to Effectively “Reverse” Earlier GAO Decision; CGS-SPP Security Joint Venture v. United States, COFC No. 21-2049CFebruary 7, 2022
Protester Didn’t Heed Concerns Raised During Discussions, Can’t Complain About Risk Assessed to Its Proposal; Dev Technology Group, Inc., GAO B-4202030, B-420230.2February 7, 2022
Protester’s Unstated Criteria and Unequal Treatment Allegations Fail to Persuade; Favor TechConsulting, LLC, GAO B-420279 et al.February 7, 2022
Software License May Have Been Binding on the Government, But the Contract Wasn’t Covered by the Contract Disputes Act; Avue Technologies Corporation v. Department of Health and Human Services and General Services Administration, CBCA 6360, 6627February 4, 2022
Applicant to 8(a) Program Unable to Prove Its Owner Is Socially Disadvantaged; In the Matter of M Patterson Services, LLC, SBA No. BDPE-597February 4, 2022
CBCA Declines to Find that Agency’s Method for Calculating Damages Is Correct as a Matter of Law; RocJoi Medical Imaging, LLC v. Department of Veterans Affairs, CBCA 6885, 7051February 4, 2022
“Baby Come Back, You Can Blame It All on Me, I Was Wrong, and I Just Can’t Live Without You”: GSA Fails to Prove that It Didn’t Abandon a Lease: Meld, LLC v. General Services Administration, CBCA 6357, 6721February 3, 2022
Contractor Rides Into CBCA on “a Horse With No Name,” Unable to Enforce an Illusory Contract; OWL, Inc. v. Department of Veterans Affairs, CBCA 7183February 3, 2022
Protester Claimed Small Business’s Relationship “Smelled of Affiliation,” But OHA Smells Only the Jasmine-Soaked Summer Breeze; Size Appeal of Crew Training International, Inc., Re: Saguaro Business Solutions, LLC, SBA No. SIZ-6128February 3, 2022
“Sweet Dreams and Flying Machines In Pieces on the Ground”: CBCA Finds Contractor Misread Contract, Is Not Entitled to Windfall Restocking Fee; Team Systems International, LLC v. Department of Homeland Security, CBCA 7145February 3, 2022
“Something Is Rotten in the State of Denmark”: Court Finds Award Is Tainted by Possible PIA Violation, Remands to Agency for an Investigation; Insight Public Sector, Inc. v. United States, COFC No. 21-cv-1755February 2, 2022