DFARS Final Rule: Modification of Determination Requirement for Certain Task- or Delivery-Order ContractsOctober 6, 2020
“You’re Not Seeing the Real Me”: When Solicitation Requires Evaluation of Extent to Which Proposal Meets Requirements, Agency Must Perform a Qualitative Assessment; Evergreen JV, GAO B- 418475.4October 5, 2020
“You Can Do It!”: Protester Challenging Solicitation Unable to Prove that Performance Is Impossible; MLS-Multinational Logistic Services, Ltd; MLSUSA Corporation; B-418477.3, B-418477.4October 5, 2020
Conflict Arising from Agency Official’s Participation in Competitive Foosball Gatherings Irredeemably Taints Procurement; Teledyne Brown Engineering, Inc., GAO B-418835, B-418835.2October 2, 2020
CBCA Finds FEMA Must Reimburse State Agency for Disaster Relief Services that Were Contracted for But Never Used; In the Matter of Virginia Department of Emergency Management; CBCA 6848-FEMAOctober 2, 2020
Protest Challenging Agency’s Decision to Conduct Discussions With Previously Rejected Offeror is Premature; ICI Services Corporation, GAO B-418255.4October 1, 2020
Government Not Required to Pay Full Negotiated Fee on Cost Plus Fee Contract If It Has Not Obligated Funds Up to the Negotiated Amount; Appeals of APTIM Federal Services, LLC, ASBCA Nos. 62052, 62133October 1, 2020
Protest Objecting to Cancellation of Solicitation Was Effectively an Untimely Challenge to Agency’s Decision to Not Set Aside Procurement for Small Businesses; Candor Solutions, LLC, GAO B-418682.2September 30, 2020
Agency Reasonably Interpreted NIST Guidance in Finding that Awardee’s Outdated Hardware Was Not a Dealbreaker; Ace-Federal Reporters, Inc. v. United States, COFC No. 20-636September 30, 2020
You Know I’m Good for It: Prior Course of Dealing Can’t Salvage Protester’s Defective Bid Bond; Pacific Dredge and Construction, LLC, GAO B-418900September 29, 2020
Acknowledging Your Weaknesses is the First Step on the Path to Acceptance: Alleged Flaws in Awardee’s Proposal Corrected During Discussions; Konica Minolta Business Solutions USA, Inc., GAO B-418800, B-418800.2September 29, 2020
Bad Advice from VA Employee on Where to Submit Appeal Does Not Toll Time In Which to File Appeal; CVE Appeal of Starblast, Inc., SBA No. CVE-164September 29, 2020
Status Protest Precluded Under Doctrine of Collateral Estoppel; CVE Protest of Superior Optical Labs, Inc., RE: PDS Consultants, SBA No. CVE-163September 28, 2020
Competing Evidence on Effect of Contract Modification Precludes Summary Judgment on Contractor’s Accord and Satisfaction Defense; Collecto, Inc. v. Department of Education, CBCA 6001September 28, 2020
L’esprit de l’escalier?: OHA Refuses to Consider Argument Raised for the First Time on Appeal; Size Appeal of Bacik Group LLC, RE:DSC-EMI Maintenance Solutions, LLC, SBA No. SIZ-6071September 25, 2020