ASBCA Rules that Patency or Latency of Ambiguity Does Not Depend Solely on Cost; Appeals of Lebolo-Watts Constructors 01 JV, LLC, ASBCA Nos. 59740 et al.April 19, 2021
Protester Was Mandatory Source of Item Being Procured But Not an Interested Party to Challenge Terms of Solicitation; SEKRI, Inc. v. United States, COFC No. 21-778CApril 16, 2021
Just Because Protester’s Reading of Solicitation Differed From Agency’s Does Not Mean Solicitation Was Ambiguous; Salient Federal-SGIS, Inc. v. United States, COFC No. 20-1416CApril 16, 2021
Protester’s Challenge to Evaluation Really Just a Disagreement With Agency’s Assessment; KARL STORZ Endoscopy-America, Inc., GAO B-419404, B-419404.2April 16, 2021
Contractor Undermines Its Claim with Multiple, Conflicting Expert Reports; SRM Group, Inc. v. Department of Homeland Security, CBCA 5194, 5938April 15, 2021
Protester Alleges Unstated Criterion, But GAO Finds Solicitation Clearly Set Forth the Requirement; Hurricane Consulting Inc., GAO B-418638.2April 15, 2021
ASBCA Declines to Dismiss Appeal, Finds It Can Resolve Case Without Making Factual Determinations Relating to Alleged Fraud; Appeal of GSC Construction, Inc. ASBCA No. 62530April 15, 2021
OHA Grants Size Appeal, Finds SBA Failed to Address Ostensible Subcontractor Theory on which Size Protest Was Based; Size Appeal of Leumas Residential, LLC, SBA No. SIZ-6091April 15, 2021
Agency Not Required to Include Past Performance Evaluation Factor in Solicitation; Pathfinder Consultants, LLC, GAO B-419509April 14, 2021
Court Nixes Sole-Source Bridge Contract; AGMA Security Service, Inc. v. United States, COFC No. 21-740CApril 14, 2021
Protester Not An Interested Party to Challenge Alleged Waiver/Relaxation of a Solicitation Requirement; CACI, Inc.-Federal, GAO B-419499April 14, 2021
GAO Finds Protester Effectively Conceded Deficiencies Assessed to Its Proposal, Dismisses Protest; Mesotech International, Inc, GAO B-419534April 14, 2021
Agency Reasonably Rejected Proposal Due to “Generic and Aspirational” Management Approach that Lacked Detail; Lamb Informatics, Ltd., GAO B-418405.5, B-418405.6April 13, 2021
Protester Not Entitled to Costs for Any of Its Four Related Protests; Apex Transit Solutions, LLC—Costs, GAO B-418631.4April 13, 2021
ASBCA Declines to Consider Theories Not Asserted in the Underlying Claim; Appeal of Blanchard’s Contracting, LLC, ASBCA No. 62508April 13, 2021
Untimely Agency Protest Dooms Subsequent GAO Protest; Rotair Aerospace Corporation, GAO B-419570April 13, 2021
Contractor Can’t Claim Defective Specifications When It Did Not Fully Comprehend or Comply with Specifications; Appeal of Brantley Construction Services, LLC, ASBCA No. 61118April 12, 2021
GAO Finds that Protest Is Essentially an Untimely Request for Reconsideration; VS2, LLC, GAO B-418942.2, B-418942.5April 12, 2021
Protester Not Prejudiced by Agency’s Waiver of Material Solicitation Requirement; Gemini Tech Services, Inc., GAO B-418233.5, B-418233.6April 12, 2021
Protester’s Proposed Personnel Greatly Exceeded RFP’s Experience and Education Requirements, But Agency Found them Overqualified; ICF Incorporated, L.L.C., B-419049.3, B-419049.4April 9, 2021