SBA Regulation that Requires Small Business Concern to Manufacture Product at “Its Own Facilities” Does Not Mandate that the Concern Own the Facilities; SBA No. SIZ-5877, Size Appeal of Mistral Inc.February 12, 2018
Subcontractor’s Greater Experience May Be Considered Even with Limitation on Subcontracting; GAO B-415524, Mainstream Engineering Corporation; Snowbird Environmental Systems CorporationFebruary 9, 2018
Certificate of Competency Not Needed for Failure to Submit Responsive Proposal; GAO B-415612, DPBC HZ Joint VentureFebruary 9, 2018
Federal Circuit Reverses Sanctions Order Against DOJ Attorney; Court of Appeals for the Federal Circuit Nos. 2017-1924, 2017-2068, Level 3 Communications LLC v. United StatesFebruary 8, 2018
Protester Failure to Correct Proposal to Address Deficiency Not a Result of Weak Discussions; GAO B-415569, Olgoonik Logistics, LLCFebruary 8, 2018
Performance on Related Task Orders Does Not Automatically Create OCIs; GAO B-415405, Superlative Technologies Inc.; Atlantic Systems Group Inc.February 8, 2018
Agency Reasonably Loosened Salient Characteristics in Brand-Name-or-Equal Procurement; Court of Federal Claims No. 17-1977C, HESCO Bastion Ltd. v. United StatesFebruary 7, 2018
Army Execution Order Not a Procurement Decision Subject to Court of Federal Claims Jurisdiction; U.S. Court of Appeals for the Federal Circuit No. 2017-1082, AgustaWestland America Inc. v. United StatesFebruary 7, 2018
Restrictions on Ability to Pay Dividends or Fire CEO Lead to Affiliation by Negative Control; COFC No. 17-1865C, Team Waste Gulf Coast LLC v. United StatesFebruary 7, 2018
Correspondence Ordering Contractor to Perform Work Constituted Non-Monetary CDA Claim, Survives Government’s Motion to Dismiss; ASBCA Nos. 6113, Greenland Contractors I/SFebruary 6, 2018
Agency Properly Evaluated Offerors’ Proposed Staffing Against the Requirements in the Solicitation and Not Against the Incumbent’s Existing Staffing Levels; COFC No. 17-1348C, Centerra Group LLC v. United StatesFebruary 6, 2018
Solicitation Amendment Did Not Materially Change Requirement; GAO B-415422, Occam Solutions Inc.February 6, 2018
RFP Did Not Preclude Offerors from Offering Longer Warranties; GAO B-415388, IJC CorporationFebruary 5, 2018
COFC Grants Protester Limited Access to Protected Material in Bid Protest Action; COFC No. 17-1662C, Zeidman Technologies Inc.February 5, 2018
Failure to Perform in Time Is Sufficient Basis for Default Termination; ASBCA No. 60574, Donald L. Mooney Enterprises, LLC dba Nurses Etc. StaffingFebruary 5, 2018
Use of Evaluation Method Not Specifically Described in Proposal Not Improper Where Method Was Subsumed Within Stated Criteria; GAO B-415349, DynCorp International LLCFebruary 2, 2018
Contractor Cannot Arbitrarily Choose a Date from Which to Calculate the Value of a Pension Plan as Part of a Segment Closing Adjustment under the Cost Accounting Standards; COFC 15-68C, United States Enrichment Corporation v. United StatesFebruary 2, 2018
Agency Improperly Permitted Awardee to Correct Purported Mistake in Bid; GAO B-415480, Herman Construction GroupFebruary 2, 2018
RFP’s Allowance for Oral Presentations Does Not Obligate Agency to Allow Them; GAO B-415262, B-415262.2, Arch Systems, LLC; KEN Consulting, Inc.February 1, 2018