Challenge to Terms of Solicitation Immolated in Conflagration of Groundless, Incoherent Arguments; AeroSage, LLC, GAO B-418292 et al.March 10, 2020
CBCA Defers Ruling on Jurisdictional Question Involving Proper Respondent Until It Can Rule on Merits: CSI Aviation, Inc. v. Department of Homeland Security and General Services Administration, CBCA 6581, 6582March 9, 2020
No Harm, No Foul: Protester Not Prejudiced By Agency’s Disparate Evaluation; Ortho-Clinical Diagnostics, Inc., GAO B-418324March 9, 2020
COFC Decision Did Not Preclude, Under Doctrine of Res Judicata, a Related Claim Before ASBCA; Appeal of Nexagen Networks, Inc., ASBCA No. 60641March 9, 2020
No Do-Overs: Small Business Can’t Renounce Its Reliance on a Subcontractor After It Has Submitted a Proposal; Size Appeal of Warrior Service Company, LLC, SBA No. SIZ-6046March 6, 2020
Agency Can Find References Deficient Under an Experience Factor and Still Find those Same References Satisfactory Under a Past Performance Factor; Network Runners, Inc., GAO B-418268, B-418268.2March 6, 2020
Surety’s Claims for Equitable Subrogation and Contract Adjustment Survive Agency’s Motion to Dismiss; Capitol Indemnity Corporation v. United States, COFC No. 18-916CMarch 5, 2020
Protester Still Interested Party Even Though Its Proposal Was Un-Awardable; REEL COH Inc., GAO B-418095, B418095.2March 5, 2020
ASBCA Lacks Jurisdiction Over Claim that Is Actually a Bid Protest; Appeal of Spanish Solutions Language Services, ASBCA No. 62233March 5, 2020
Court Sustains Protest Due to Agency’s Phoned-In Evaluation of Unbalanced Pricing; The Green Technology Group, LLC v. United States, COFC No. 19-907CMarch 4, 2020
“What We’ve Got Here Is Failure to Communicate”: Contractor’s Claim for Breach of Prison Repair Contract Based on Misunderstanding of Contract Provisions; HCIC Enterprises, LLC, d/b/a HCI General Contractors v. United States, COFC No. 18-1943CMarch 4, 2020
GAO Rejects Protester’s Somewhat Dubious Argument In Support of a Request for Costs; Southern Aire Contracting, Inc.–Costs, GAO B-418070.3March 4, 2020
Change in LLC’s Structure from Member-Managed to Manager-Managed Wrecks Company’s SDVOSB Status, XOtech, LLC v. United States, Fed. Cir. No. 2019-1743March 3, 2020
Protester Waived Protest By Not Challenging Scope of Corrective Action Until After It Was Completed; CPS Professional Services, LLC d/b/a CATHEXIS, GAO B-417928.2March 3, 2020
Alleged Protest of Award Decision Really a Disguised, Untimely Challenge to Terms of the Solicitation; Relyant Global, LLC v. United States, COFC No. 20-12CMarch 3, 2020
Tales from the Crypt: Protester Unable to Demonstrate Cemetery Construction Experience; Burchick Construction Company, Inc., GAO B-417310.3March 2, 2020
Fact That Solicitation Requirements Are Not Labeled as “Firm” Does Not Mean Offerors Are Free to Deviate From Them; Kardex Remstar, LLC, GAO B-418157March 2, 2020
Agency’s Delay in Completing Corrective Action Does Not Constitute “Undue Delay” Justifying Reimbursement of Protest Costs; INTELiTEAMS, Inc. – Costs, GAO B-418123.2, B-418180.2March 2, 2020
Show Your Work! GAO Refuses to Accept Agency’s Poorly Documented, Unsupported Evaluation Conclusions; Ohio KePRO, Inc., GAO B-417836, B-417836.2February 28, 2020