You Can’t Petition for SBA Administrator Review of an OHA Size Appeal; Size Appeal of Mechanix Wear, LLC, SBA No. SIZ-6108August 6, 2021
Agency Didn’t Properly Evaluate Awardee’s Professional Compensation Plan; The Bionetics Corporation, GAO B-419727August 5, 2021
GAO Defers to SBA’s Interpretation of Poorly-Worded Regulation; Odyssey Systems Consulting Group, Ltd., GAO B-419731 et al.August 5, 2021
GAO Dismisses Protest that Relied on Language that “Does Not Exist Anywhere in the Text” of Cited Regulations; M&C Venture Group, LLC, GAO B-419870August 5, 2021
ASBCA Says Laches No Longer a Valid Affirmative Defense Against CDA Claim; Appeal of Lockheed Martin Aeronautics Company, ASBCA No. 62209August 4, 2021
OHA Reverses Size Determination, Finds SBA Area Office Misapplied Ostensible Subcontractor Rule; Size Appeal of Montech, Inc., SBA No. SIZ-6100August 4, 2021
Awardee’s Proposed Discount for Cost Item Was Not an Exception to Solicitation; Kiewit Infrastructure West Company, GAO B-419687, B-419687.2August 4, 2021
Unless Allegations Broach Something Like Crime or Fraud, GAO Will Not Review Affirmative Responsibility Determination; Newt Marine Services, GAO B-419741, B-419741.2August 4, 2021
Protester Can’t Use Dictionary Definition of Word to Contradict Solicitation’s Definition; Sophion Bioscience, Inc. v. United States, COFC No. 21-1065August 3, 2021
Contractor’s Request for Summary Judgment on Government Claim Gets Mired in Factual Issues; Appeal of Thomas J. David, Inc., ASBCA No. 62634August 3, 2021
Agency Not Required to Hold Discussions or Seek Clarifications to Address Offeror’s Failure to Include Employment Agreement in Proposal; APT Research, Inc. v. United States, COFC No. 21-1102CAugust 3, 2021
Protester Misapprehends Nature of Neutral Past Performance Rating; Heartland Consulting, GAO B-419228.4August 3, 2021
Foreign Subcontractor Has Standing to Sue Government for Fifth Amendment Taking; Paktin Construction Company v. United States, COFC No. 19-1817August 2, 2021
“I Can’t Quit You Baby”: Agency Says It Didn’t Exercise Options, But Board Asks Why Agency Kept Placing Orders After Base Year; Grand Strategy, LLC v. Department of Veterans Affairs, CBCA 6795August 2, 2021
Agency’s Alleged Inconsistent Actions Cannot Salvage Untimely Size Protest; Size Appeal of Osprey Technology Solutions, Inc. RE: Junius Dion d/b/a Risen Video Production, SBA No. SIZ-6102August 2, 2021
Late-Is-Late Rule Precludes Agency from Extending Proposal Deadline to Accept Untimely Proposals; Syncon LLC v. United States, Hourigan Construction Corp. v. United States, COFC No. 21-1035CJuly 30, 2021
Been There, Done That: Solicitation Sought Innovation, But Protester Proposed to Adhere to the Incumbent’s Lackluster Approach; Integrity Management Consulting, Inc., GAO B-418776.5July 30, 2021
Minimal Documentation of Evaluation Complied with Requirements of Streamline Procurement Process; ASI Government, Inc., GAO bB-419080.2, B-419080.3July 30, 2021
“Here’s the Creek, But You Don’t Get a Paddle”: Agency Decision Not Required to Identify CBCA as the Proper Forum for an Appeal; Cherokee 8A Group v. Department of Veterans Affairs, CBCA 7107July 30, 2021
Sole-Source Award Was Warranted, But Court Finds that Duration of Sole-Contract Was Too Long; Sierra Nevada Corporation v. United States, COFC No. 21-1186CJuly 29, 2021