Preliminary Injunction Request Denied Where Protesters Not likely to Succeed on Merits, and Even if They Did, Awardee Would Still Be Higher Rated; COFC Nos. 17-1765C and 17-1842C, Intelligent Waves, LLC and Mission1st Group, Inc. v. United StatesJanuary 16, 2018
Neutral Past Performance Treated as Negative Assessment by Agency Triggers Discussions; COFC No. 16-261C, Precision Asset Management Corp. v. United StatesJanuary 16, 2018
RFP Permits Agency’s Methodology for Evaluating Proposed Personnel’s Qualifications and Offerors’ Technical Approaches; GAO B-414979, Jardon and Howard Technologies, Inc.January 16, 2018
Agency’s Elimination of Certain Technical Elements in Solicitation Still Allowed for Meaningful Evaluation of Proposals; GAO B-414802, Knight Point Systems LLCJanuary 12, 2018
Use of Outdated Estimates Constitutes Negligence by Government; ASBCA No. 60780, Burnham Associates Inc.January 12, 2018
Failure to Demonstrate Technical Capability and Relevant Past Performance Results in Nonselection For Printing Services Procurement; GAO B-415308, Fattani Offset PrintersJanuary 11, 2018
Protester Too Late to Challenge Solicitation Defect; GAO B-415138, NewSat North America, LLCJanuary 11, 2018
Subbing to Large Incumbent Insufficient on Its Own to Trigger Ostensible Subcontractor Rule; SBA No. SIZ-5875, Emergent Inc.January 11, 2018
Incorrect Theory of Recover Does Not Constitute Fraud; COFC No. 10-707C, Oasis International Waters, Inc. v. United StatesJanuary 11, 2018
Employee Retention Employed as A Discriminator for Source Selection After Agency Disparately Evaluates Offerors’ Employee Retention Plans; GAO B-410486.9, Fluor Federal Solutions, LLCJanuary 10, 2018
Protestor Fails to Comply with RFP’s Clearly Stated Requirements, Deemed Unacceptable; GAO B-415415, Horizon StrategiesJanuary 10, 2018
Findings Against Contractor in U.S. District Court Suit Are Binding on Contractor in Subsequent CBCA Appeal Under Doctrine of Collateral Estoppel Even Though Government Was Not a Party to the Prior Suit; CBCA 5116, VSE Corporation v. Department of JusticeJanuary 10, 2018
Protesters Successfully Challenge Procurement Revealing Multiple Errors in Agency’s Evaluation; GAO B-414844, ENSCO Inc., PAE National Security Solutions LLCJanuary 9, 2018
Motion for Injunction Pending Appeal of Protest Dismissal Denied Where Protester Lacked Standing to Protest; COFC No. 17-1115C, Clinicomp International, Inc. v United StatesJanuary 9, 2018
Subcontractor’s Bill of Lading Contract Not Subject to ASBCA’s CDA Jurisdiction; ASBCA No. 60188, UTi United States LLCJanuary 9, 2018
Explanation During Discussions that Previously-Unidentified Affiliate Will Perform Work Constitutes Unfair Discussions; GAO B-415097, Language Select LLP, dba United Language GroupJanuary 8, 2018
Failure to Provide Percentage Goals for Small Business Utilization Goals Sinks Proposal and Protest; GAO B-412967.3, InGenesis, Inc.January 8, 2018
Solicitation Terms Requiring a Bachelor’s Degree and Full-time On-Site Attendance for Program Manager Not Unduly Restrictive of Competition; GAO B-415149.2, APRO InternationalJanuary 8, 2018
