Agency Provided Contractor with Ambiguous Drawings and Now Has to Pay the Price; Hamilton Pacific Chamberlain v. Department of Veterans Affairs, CBCA 7039July 29, 2021
Alleged Ambiguity in Solicitation Should Have Been Raised before Proposal Deadline; Sterling Medical Associates, Inc, GAO B-419794July 29, 2021
Challenge to Best Value Determination Withers Under GAO Scrutiny; Tuba Group, GAO B-419733July 29, 2021
OHA: Ya’ Gotta File a Size Protest before Filings a Size Appeal; Size Appeal of Caldaia Controls, LLC, RE: Venergy Group, LLC, SBA No. SIZ-6104July 29, 2021
Agency Not Required to Explain Why It Found Aspects of Proposal Merely Adequate; Logistics Health, Inc. v. United States, COFC No. 21-759July 28, 2021
Just Because the Agency Selected the Lowest-Priced Proposal Doesn’t Mean It Conducted an LPTA Procurement; ICON Government and Public Health Solutions, Inc., GAO B-419751July 28, 2021
Protest Challenged Awardee’s SDVOSB Status, But the Contract Was Not Set Aside for SDVOSBs; CVE Protest of Esterhill Boat Services Corporation Re: Dublin EDT JV, LLC, SBA No. CVE-194-pJuly 28, 2021
Protester Lacked Standing to Protest Because Its Proposal Contradicted the Solicitation; Asset Protection & Security Services, L.P. v. United States, Fed. Cir. 2021-1008July 27, 2021
Although Appeal Calculated Damages Differently than Underlying Claim, It Did Not Present a “New Claim”; Appeal of Anthony and Gordon Construction Co., ASBCA No. 61916July 27, 2021
Agency Reasonably Credited Awardee for Its Access to the “Twitter Firehose”; Babel Street, Inc., GAO B-418730.5, B-418730.6July 27, 2021
OHA Finds Putative SDVOSB Unusually Reliant on Subcontractor; Appeal of Land Shark Shredding, LLC Re: Griffin Resources, LLC, SBA No CVE-195-PJuly 27, 2021
Evidence Talks, Wishy-Washy Insinuation Walks: Protester Alleges PIA Violation But Prevaricates When Pressed for Evidence; Alpine Companies, Inc., GAO B-419831 et al.July 26, 2021
Protester Can’t Convince GAO that Weakness Assessed to Awardee Should’ve Been a Deficiency; Agile-Bot II, LLC, GAO B-419350.3, B-49350July 26, 2021
ASBCA Reaffirms that Unilateral Contract Definitization Is Not a Government Claim; Appeals of Lockheed Martin Aeronautics Company, ASBCA Nos. 62505, 62506July 23, 2021
Proposal that Failed to Adequately Address “the Who, What, When, Where, Why, and How” of the Offeror’s Approach Deserved a Deficiency; IAP Worldwide Services, Inc., GAO B-419647, B-419647.3July 23, 2021
Protester May Have Possessed Experience Comparable to Other Offerors, But the Protester Failed to Affirmatively Demonstrate that Experience; Pioneer Credit Recovery, Inc, GAO B-419599, B-419599.2July 23, 2021
Contractor Can’t Convince Board to Dismiss Government Complaint Seeking Penalty for Claiming Expressly Unallowable Costs; Appeal of Northrop Grumman Mission Systems, ASBCA No. 62596July 22, 2021
Court Questions Agency’s Reasoning But Nonetheless Finds that Decision to Limit Scope of Corrective Action Was Not Arbitrary; PAE Applied Technologies, LLC v. United States & Joint Integrated Range Solutions, LLC. v. United States, COFC Nos. 20-1925C, 20-1954CJuly 22, 2021
Agency Not Required to Conduct Discussions for Concerns Introduced in Proposal Revisions; Qwest Government Services, Inc. d/b/a CenturyLink QGS, GAO B-419045.4 et al.July 22, 2021
Agency Didn’t Act in Bad Faith When, After Receiving Bids, It Conducted Additional Market Research and Reopened Procurement; DCR Development, LLC, GAO B-419608, B-419608.2July 21, 2021