Federal Circuit Holds that Contract Unambiguously Precluded Costs Contractor Was Claiming; Starwalker PR LLC. v. Secretary of the Army, Secretary of Defense, Fed. Cir. 2020-2024September 29, 2021
Agency Miscalculated Delivery Date, Wrongly Terminated Contract for Default; Appeals of Iqrar Ahmed Partner Contracting Company, ASBCA Nos. 62494, 62495September 29, 2021
Agency Asked Awardee to Add Costs Related to COVID-19 Pandemic, But This Didn’t Mean the Agency’s Requirements Had Changed; Progress for Bakersfield Veterans, LLC, GAO B-418703.7, B-418703.8September 28, 2021
Although It Lost on the Merits, Protester Had Standing to Challenge Agreement Awarded Under DoD’s Commercial Solutions Opening Program; Kinemetrics, Inc. v. United States, COFC No. 21-1626September 28, 2021
“I Get By With a Little Help from My Friends”: Agency Did Not Err In Finding Protester’s Alleged Minor Subcontractor Was Really a Major Subcontractor; XL Associates, Inc. v. United States, COFC No. 21-1095September 28, 2021
From the Annals of Ill-Fated Protest Arguments, Special Snowflake Edition: Agency Not Required to Assess Strength for “Uniqueness” of Offeror’s Approach; Metric 8, LLC, M6-VETS, LLC, RCH Partners, LLC, Stratera Fulcrum Technologies, LLC, MERPTech, LLC, GAO B-419759.2September 27, 2021
Awardee’s Subcontractor Was “Operationally Involved” in Incumbent Contract, But this Involvement Did Not Result in Unequal Access OCI; Pioneer Corporate Services, Inc. , GAO B-4186789.5September 27, 2021
Protester Claims Awardee’s Approach is Cheap and Risky, But GAO Says Too Bad, the Solicitation Didn’t Require a Price Realism Analysis; Raith Engineering and Manufacturing Company, WLL, GAO B-419023.4September 24, 2021
CBCA Thwarts Government’s Attempt to Negate Intent of Settlement Agreement; 4K Global-ACC Joint Venture, LLC v. Department of Labor, CBCA 6683 et al.September 24, 2021
Small Business Not a “Newly Organized Concern” If It’s Not a Spin-Off of Larger Business; Size Appeal of Randy Kinder Excavating, Inc. d/b/a RKE Contractors, Re: E&L Construction Group, LLC, SBA No. SIZ-6120September 24, 2021
COFC Rejects Challenge to Price Evaluation, Protester Wanted a More Nuanced Analysis than Solicitation Required; 10 Tanker Air Carrier, LLC v. United States, COFC No. 21-1084September 23, 2021
Protester Misinterpreted Solicitation’s Cap on Employee Compensation; AIMS Locum Tenens, LLC, GAO B-419723September 23, 2021
Protester Alleges Agency Flubbed Evaluation, But GAO’s Not Feeling It; Odin Construction Solutions, Inc., GAO B-419793, B-419793.2September 23, 2021
Delay Resulting from Repeated Protests Justifies Sole-Source Award; Innotion Enterprises, Inc., GAO B-419907September 22, 2021
Do I Have to Spell It Out For You? Agency Appropriately Advised Protester Its Price was “High”, Wasn’t Required to Say Price was “Unreasonable”; Facility Healthcare Services, Inc., GAO B-418743.2, B-418743.3September 22, 2021
Agency’s Decision to Reevaluate Proposals as Part of Corrective Action Did Not Resuscitate an Argument that Should Have Been Raised in an Initial Protest; Saalex Solutions, Inc. GAO B-418729.3September 22, 2021
ASBCA Affirms that BPAs Are Not Contracts; Appeal of Hallym Furniture Industrial Co., Ltd., ASBCA No. 62782September 22, 2021
Agency Disparately Evaluated Quotations, But It Didn’t Prejudice the Protester; Data Computer Corporation of America, GAO B-419033.4 et al.September 21, 2021
Claimant, Who Gave Subcontractor Authority to Settle Its Claims, Can’t Maintain Appeal When Subcontractor Settles those Claims and Releases Government; Appeals of JAAAT Technical Service, LLC, ASBCA Nos. 61792 et al.September 21, 2021
CBCA Dismisses New Claims Asserted for the First Time on Appeal; Anglin Construction Group, Inc. v. Department of Homeland Security, CBCA 6926September 21, 2021
