Agency Reasonably Assessed Weakness to Proposal that Didn’t Adequately Explain Purported Labor Efficiencies; PAE Aviation & Technical Services, LLC v. United States, COFC No. 21-1469October 29, 2021
Court Ordered Agency to Make an Award to the Protester and then Denied Government’s Motion to Stay Judgment Pending Appeal; SAGAM Securite Senegal v. United States, No. 21-1138COctober 29, 2021
Threshold Requirements Are Not Aspirational, Says GAO—Offerors Can’t Just Propose a Path to Meet Material Solicitation Requirements; Northrop Grumman Systems Corporation—Mission Systems, GAO B-419560.6October 28, 2021
Protester Didn’t Challenge Its Unacceptable Rating Under Most Important Factor, Can’t Maintain Protest; Chimes of District of Columbia, Inc., GAO B-418872October 28, 2021
GAO Reaffirms Distinction Between Experience and Past Performance: Lack of Relevant Projects May Simultaneously Result in Neutral Past Performance Rating But Unacceptable Experience Rating; AnderCorp, LLC, GAO B-419984October 28, 2021
Decision to Cancel Solicitation Lacked “Limpidity,” But Court Still Discerned Agency’s Rationale; Yang Enterprises, Inc. v. United States, COFC No. 21-1540COctober 27, 2021
Claimant Lacked Evidence to Challenge Wage Adjustment, Loses Federal Circuit Appeal; Billie O. Stone, dba Stobil Enterprise v. Secretary of Veterans Affairs, Fed. Cir. 2020-1732October 26, 2021
Federal Circuit Doesn’t Have Jurisdiction to Consider Appeal of Board Decision Issued Under Small Claims Procedures; Billie O. Stone, dba Stobil Enterprise v. Secretary of the Air Force, Fed. Cir. 2020-1233October 26, 2021
Unless Solicitation Prescribes a Particular Methodology, Nature of Price Realism Evaluation Is Within Agency’s Discretion; Agile Bot II, LLC v. United States, COFC No. 21-1529COctober 26, 2021
Protester Entitled to Reimbursement of Protest Costs Incurred Before Protest Was Actually Filed; GOV National Healthcare Drive, LLC, GAO B-419258.4October 25, 2021
Protesters Argued their Proposals Should’ve Been Acceptable, But GAO Found They Just Weren’t Up to Snuff; Amentum Services, Inc.; VS2, LLC, GAO B-418742.3 et al.October 25, 2021
Agency Inadvertently Conducted Discussions by Asking Offerors If Their Prices Could Go Any Lower; Academy Leadership, LLC, GAO B-419705.2October 22, 2021
I Ain’t Cappin’: RFI, Which Stated It Was for “Informational Purposes Only,” and “Not a Solicitation” Did Not Express Intent to Contract; AccelGov v. United States, COFC No.21-1647COctober 22, 2021
CBCA Can’t Void an Assignment of Contract Payments; Heroes Hire, LLC v. Department of Veterans Affairs, CBCA 7195,7211October 21, 2021
COFC Has Jurisdiction Over Challenge to SBIR Award But Finds Protest Itself Meritless; Squire Solutions, Inc. v. United States, COFC No. 21-1494COctober 21, 2021
GAO Bids a Curt Toodle-oo to Protester that Possessed Neither Interested-Party Status nor a Cognizable Legal Argument; Mountainside Medical Equipment, Inc., GAO B-419839October 21, 2021
“Well, I’ve Got Two Lovers and I Ain’t Ashamed, Two Lovers, and I Love them Both the Same”: Presented with a Sophie’s Choice Between Two Versions of Its Proposal, Protester Chooses the Wrong One; Property at 4545 Montgomery, LLC, GAO B-420006October 20, 2021
COFC Declines to Enjoin Performance of Protested Contract When Injunction Could Disrupt Nation’s Tax System; Harmonia Holdings Group, LLC v. United States, COFC No. 21-1704COctober 20, 2021