Say the Magic Words: Agency Not Required to Use Words from Solicitation’s Adjectival Definitions in the Evaluation Narrative; U.S. Facilities, Inc., GAO B-418229, B-418229.2February 27, 2020
Agency’s Failure to Notify Union That It Was Exercising Option Precludes It From Refusing a Price Adjustment Resulting from a CBA Executed During the Option Period; Appeal of Alutiiq Commercial Enterprises, LLC, ASBCA No. 61503February 27, 2020
Contractor’s Qualification of Its Damages Claim with the Words “At Least” Precludes the Amount From Being Considered a Sum Certain; Appeal of Odyssey International, Inc., ASBCA No. 62062February 26, 2020
Offeror Failed to Follow Solicitation Instructions, Neglected to Submit a Required Representation, And Was Thus Rightly Eliminated From the Competition; Global Accounting, LLC, GAO B-417822.2, B-417822.3February 26, 2020
Protest Challenging Corrective Action Fails to Persuade; Unissant, Inc., GAO B-418193.2February 26, 2020
Agency’s Prior Use of Prototype Other Transactions Authority for One Part of a Project Does Not Preclude It From Using Experimental Purchasing Authority for Another Part of the Project; Air Tractor, Inc, GAO B-418244, B-418244.2February 25, 2020
Government’s Failure to Pay Does Not Mean Contractor Is Allowed to Stop Performing; Appeal of Puma Energy Honduras, S.A. de C.V., ASBCA No. 61966February 25, 2020
SBA Improperly Double-Counted Assets in Evaluating Company’s Eligibility for 8(a) Business Development Program; In the Matter of Spectrum Floors, LLC, SBA No. BDPE-580February 25, 2020
Protester Entitled to Costs for Defending Against Agency’s Request for Reconsideration; Barbaricum LLC—Costs, GAO B-416728.4February 25, 2020
Proposal’s Weaknesses Not Weak Enough to Merit Discussions; Education Development Center, Inc.; GAO B-418217, B-418217.2February 24, 2020
Prime Contractor Cured Defective Pass-Through Claim of Second-Tier Subcontractor; Appeal of SBH Services & CORE Construction, JV II, ASBCA No. 61714February 24, 2020
Other Than a General “I-Know-It-When-I-See-It” Argument, Protester Unable to Identify Specific Reason Awardee’s Price Was Unrealistically Low; RELI Group, Inc., GAO B-418005February 24, 2020
Agency’s Superficial and Conclusory OCI Investigation Results in a Sustained Protest; Inquiries, Inc., GAO B-417415.2February 21, 2020
Agency’s Discussions Did Not Coerce Protester Into Raising Its Price; Quality Control International, LLC, GAO B-417984February 21, 2020
CBCA Rebuffs Government’s Attempt to Dismiss Contractor’s Claim for Damaged Equipment; Griz One Firefighting, LLC v. Department of Agriculture.February 21, 2020
How an Agency Loses a Protest and Alienates Offerors: (1) Invent a Solicitation Requirement, (2) Find Offerors Met Requirement Even Though Proposals Didn’t Contemplate It, (3) Adjust Prices to Reflect Cost of Non-Existent Requirement; PMSI, LLC d/b/a Optum Workers’ Compensation Services of Florida, GAO B-417237 et al.February 20, 2020
Agency Erred By Re-Procuring After Default Instead of Conducting a New Competition; Steel Point Solutions, LLC, GAO B-418224, B-418224.2February 20, 2020
Contractor Cannot Recover Costs Under EAJA For Time That President and Project Manager Spent on Claim and Appeal; Appeal of GSI & Whitesell-Green, JV, ASBCA No. 62216February 20, 2020
Contracting Officer’s Stern—“Bordering on Verbally Abusive”—Emails Come Back to Haunt Agency in Attorney Fees Proceeding; Vet4U, LLC v. Department of Veterans Affairs, CBCA 6612-C(5387)February 19, 2020
