“I’m Not a Lawyer” No Excuse for Untimely Protest Filing; GAO B-417650, Asahi General Trading & Contracting CompanyJuly 31, 2019
Joint Venture Qualifies as a Small Business Even Though Mentor-Protégé Relationship Terminated Prior to Award; SBA No. SIZ-6001, Size Appeal of Kentucky Building Maintenance Inc. and NMI Alaska Inc.July 30, 2019
Use of Incumbent as Subcontractor, With its Workforce, Did Not Implicate Ostensible Subcontractor Rule; SBA No. SIZ-6008, Size Appeal of Inquiries Inc.July 30, 2019
Government Cannot Rely on Hearsay to Show that Contractor Failed to Meet Specifications; ASBCA Nos. 59046, Appeal of GSC Construction Inc.July 30, 2019
Ostensible Subcontractor Rule Does Not Apply to a Mentor-Protégé Arrangement Between a Small and Large Business; SBA No. SIZ-6012, Size Appeal of Global Dynamics LLCJuly 30, 2019
Offeror Not Responsible When It Cannot Offer Competitor’s Software; COFC No. 19-165C, PTC Inc. v. United StatesJuly 29, 2019
Offeror Cannot Use Proposed Web Manager’s Freelance Consultant Work to Satisfy Key Personnel Experience Requirements; GAO B-416591, DevTech Systems Inc.July 29, 2019
Despite Multiple Evaluation Errors, Protester Was Not Prejudiced; GAO B-417418. Booz Allen Hamilton Inc.July 29, 2019
Sole Source Award to Incumbent is Reasonable Where the Incumbent was Working on a Complex Project and Changing Contractors Would Have Posed Unnecessary Schedule and Cost Risks; GAO B-417465, Harmonia Holdings Group LLCJuly 29, 2019
Request for COFD Does Not Require Specific Language; CAFC 2018-2206, Hejran Hejrat Co. LTD v. United States Corps of EngineersJuly 25, 2019
Appellant Ignored CO’s Suggestion to Convert Invoices to Certified Claim; ASBCA No. 61234, Appeal of Hejran Hejrat Co. LTDJuly 24, 2019
Agency was Entitled to Make a Cost Realism Adjustment After It Determined that Offeror’s Proposed Costs were the Most Probable Costs; GAO B-417441, Solution One Industries Inc.July 24, 2019
Contractor’s Execution of a Promissory Note to Settle Government’s Claim Did Not Moot Appeal of that Claim; ASBCA No. 60776, Appeal of Falmouth Scientific Inc.July 24, 2019
Federal Circuit Affirms ASBCA Decision Finding Army Breached Agreement to Provide Security to Contractors in Iraq; Federal Circuit 2018-1022, Secretary of the Army v. Kellogg Brown & Root Services Inc.July 23, 2019
Agency Accidentally Skipped Relevant Past Performance Reference, but Protester Not Prejudiced by Neutral Rating; GAO B-417462, Orbit Research LLCJuly 23, 2019
No Evidence Agency’s System for Electronic Proposals Failed; GAO B-417435, SigNet Technologies Inc.July 23, 2019
Agency that Terminated a Contract in Response to a Protest Did Not Need to Prove the Viability of the Protest to Justify the Termination; CBCA 4968, Optimum Services Inc. v. Department of the InteriorJuly 23, 2019
Agency Didn’t Warn Contractor It Intended to Strictly Enforce Modified Contract Deadlines; ASBCA Nos. 61636, Appeals of DCX-CHOL Enterprises Inc.July 23, 2019
Agency Not Required to Infer Information Missing from Proposal; GAO B-417528, VBC Commercial Services LLCJuly 23, 2019
Agency Had Reasonable Basis for Canceling Solicitation, Despite Flawed Price Analysis of Sole Acceptable Offer; GAO B-417250, AvKARE Inc.July 19, 2019