Agency’s Price Reasonableness Evaluation Disregarded Solicitation and the FAR; Dyncorp International LLC v. United States, COFC No. 19-1133June 17, 2020
Agency’s Use of Permissive Rather than Preferred Price Analysis Techniques Not a Perversion of the FAR; Dyncorp International LLC v. United States, COFC No. 19-1133June 17, 2020
Protester Can’t Tout Its Subcontract with the Incumbent In Its Proposal and then Cry “Unstated Criteria” when the Agency Considers the Incumbent’s Subpar Performance In the Award Decision; STG LLC, GAO B-418490, B-418490.2June 16, 2020
No Voodoo In the Redo: GAO Cool With Revaluation that Yielded Different Ratings than Initial Evaluation; Mancon, LLC, GAO B-417571.5, B-417517.6June 16, 2020
Small Business May Have Subcontracted with Incumbent and May Have Also Hired Some Incumbent Staff, But It Was Not Unusually Reliant on the Incumbent; Size Appeal of North Wind-CDM Smith Advantage JV, LLC Re: Changeis, Inc., SBA No SIZ-6053June 16, 2020
Ambiguous Specification for Foundation Piles Precludes Summary Judgment for Government and Contractor; Appeal of Walsh Group Ventures, ASBCA No. 61222June 15, 2020
Agency Botched Evaluation But Not Enough to Prejudice Protester; Inquiries, Inc., GAO B-418486 et al.June 15, 2020
Federal Circuit Overturns ASBCA, Holds that Equitable Adjustment is Unwarranted If Claimant’s Interpretation of the Contract is Unreasonable; United States Army Corps of Engineers v. John C. Grimberg Co. Inc., Fed. Cir. 2019-1608June 12, 2020
GAO Finds Agency Disparately Evaluated Offerors, Sustains Protest; Battelle Memorial Institute, GAO B-418047.3, B-418047.4June 12, 2020
GAO Can’t Hear Protest Involving Development of COVID-19 Care Network Because Solicitation Was Issued Under Agency’s Other Transaction Authority; System Architecture Information Technology, GAO B-418721June 12, 2020
GAO Affirms Agency’s Substantial Discretion in Evaluating R&D Proposals Under the SBIR Program; Wang Electro-Opto Corporation, GAO B-418523June 12, 2020
Agency’s Mismanagement of Contract Schedule Necessitated Subcontractor Standby, Which Justified Recovery of Home Office Overhead; Appeal of Alderman Building Company, Inc., ASBCA No. 58082June 11, 2020
Contractor Can’t Recover Costs Incurred as a Result of a Third Party’s Conduct; ECC International Constructors, LLC v. Secretary of the Army, Fed. Cir. 2019-1619June 11, 2020
GAO Jurisdiction Inoperative If the Agreement is Cooperative; Tactical Solutions International, Inc., GAO B-418748June 11, 2020
ASBCA Drops a Knowledge Bomb on the Navy, Succinctly Explains Summary Judgment Standard in Claims Appeal; Appeal of Chugach Federal Solutions, Inc, ASBCA No. 61320June 10, 2020
“Look What You Made Me Do”: Agency’s Discussions Did Not Coerce Protester Into Raising Its Price; Quality Control International, LLC v. United States, COFC No. 20-37CJune 10, 2020