Solicitation Did Not Unreasonably Favor Incumbent; Trigent Solutions, Inc., GAO B-419801August 24, 2021
No Violation of Ostensible Subcontractor Rule When Alleged Affiliate Is Not, In Fact, a Subcontractor; Size Appeal of Crash Research & Analysis, Inc., RE: American Automotive Safety Research, LLC, SBA No. SIZ-6106August 24, 2021
A Nod Is as Good as a Wink . . . Evaluation of Professional Compensation Satisfied Requirement to Assess Price Realism; People, Technology and Processes, LLC, GAO B-418726, B-418726.6August 23, 2021
Agency’s Warehouse Requirements Not Unduly Restrictive; American International Moves, Inc., GAO B-419756August 23, 2021
Contractor Erroneously Appealed in the Name of Predecessor Entity, But Board Allows Substitution of Real Party in Interest; Alares, LLC, v. Department of Veterans Affairs, CBCA 6149 et al.August 23, 2021
VA’s Attempt to Conduct Procurement While Simultaneously Transferring Its Requirements to Another Agency Is a Glorious, Self-Immolating Debacle; Medline Industries, Inc. & Concordance Healthcare Solutions, LLC v. United States, COFC Nos. 21-1174 and 21-1098August 20, 2021
Contractor Violated Requirement to Use U.S.-Flag Vessels, Has to Pay the Price; Appeal of AICI-Archirodon, JV, ASBCA No. 62201August 20, 2021
The Banality of “Lethal”: GAO Determines that Requirement to Address “Entire Weapon System Kill Chain” Requires “Modeling Lethality”; Sigmatech, Inc. GAO B-419656 et al.August 19, 2021
ASBCA Stays Proceedings to Allow for Civil Fraud Investigation; Appeals of TIYA Support Services, ASBCA Nos. 62648 et al.August 19, 2021
Someone, at Some Point, Said Something Misleading: ASBCA Opines that If Contractor Needs Discovery to Identify Statement that Fraudulently Induced It to Enter Release, It Probably Doesn’t Have a Viable Fraudulent Inducement Theory; Appeals of Odyssey International, Inc., ASBCA Nos. 62062, 62279August 18, 2021
If A > B and B > C , then A > C: Protest Foiled by the Transitive Property; Salient CRGT, Inc., GAO B-419759, B-419759.8August 18, 2021
ASBCA May Hear Appeal Involving Allegations of Fraud in the Contract; Appeals of Tetra Tech EC, Inc. ASBCA Nos. 62449, 62450August 18, 2021
Government Is Judicially Estopped from Arguing that Solicitation Requirement May Be Reinterpreted “as if It Were a Work of Modern Art” to Produce a Different Outcome in Different Protests; WaveLink, Inc. v. United States, COFC No. 20-749CAugust 17, 2021
Protester Claims Solicitation Violates Agency Regulations, But GAO Tells Protester to Hit the Road Because the Violated Regulations Were Not Procurement Regulations; NOVAD Management Consulting, LLC, GAO B-419194.5August 17, 2021
Small Business May Have Been Managing Contract But that Didn’t Mean it Was Performing “Primary and Vital” Contract Requirements; Size Appeal of Estrategy Consulting, LLC, SBA No. SIZ-6109August 17, 2021
Bidders Didn’t Complain About Patent Ambiguity in Solicitation, But Agency Still Rightly Cancelled It; Young’s General Contracting, Inc., GAO B-418717.3August 16, 2021
