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All Offerors Received the Same Past Performance Rating, But that Didn’t Mean the Agency Unreasonably Evaluated Proposals; MicroHealth, LLC, GAO B-418461.6, B-418416.16
COFC Clarifies When Awardees Have Standing to Protest; Sirius Federal, LLC (f/k/a Force 3, LLC), CDW Government LLC, CounterTrade Products, Inc. and Blue Tech Inc. v. United States, COFC Nos. 21-1030C, 21-1041C, 21-1043C & 21-1053C
“That Ain’t Workin’, That’s the Way You Do It, You Get Yourself A Firm-Fixed-Fee . . . Money for Nothin’ and the Chicks for Free”: Firm-Fixed-Price Doesn’t Mean Government Has to Pay Regardless of Performance; Pacific Coast Community Services, Inc. v. United States, Fed. Cir. 2020-1815
It’s Not Me It’s You: Protester Alleged Agency Ignored Its Specific Technical Approach, But Agency Considered Approach and Simply Found It Wanting; Infinity Systems Engineering, LLC, GAO B-419043
COFC Interprets Peculiar Statute of Limitations in CDA’s Anti-Fraud Provision, Finds Limitations Period Only Stops Running When Court Makes Fraud Determination, Not When Government Files a Claim; Lodge Construction, Inc. v. United States, COFC Nos. 13-499, 13-800
Contractor Can’t Recover Under Constructive Change Theory If It Didn’t Actually Perform the Changed Requirements; Pacific Coast Community Services, Inc. v. United States, Fed. Cir. 2020-1219
Court Finds Agency Created a “Platypus of a Procurement,” Drawing Bits from both FAR Parts 13 and 15, But Protester Could Not Argue It Was Surprised by the Amalgamation; Rocky Mountain Mobile Medical v. United States, COFC No. 20-1936C
GAO Finds that Protest Challenging Award of Smokejumper Contract Is All Smoke, No Fire; Leading Edge Aviation Services, Inc., GAO B-419427
Federal Circuit Affirms that Agency Does Not Breach Duty of Good Faith by Declining to Order Work Beyond IDIQ Contract’s Minimum Guarantee; Future Forest, LLC. v. Secretary of Agriculture, Fed. Cir. 2020-2039
Agency Not Required to Seek Clarification of Protester’s “Editing Error”; Golden Key Group, LLC, GAO B-419001
Agency Reasonably Considered How Proposed Teams Would Function Together Even Though It Was Not Stated Evaluation Criterion; VxL Enterprises, LLC, GAO B-149467.2
Awardee’s Failure to Include OEMs or Product Numbers in Proposal Not a Material Omission; National Capitol Contracting, LLC, GAO B-41842.3
Just Because You’re the Incumbent Doesn’t Mean Your Transition Plan Is Necessarily Superior; CACI, Inc.-Federal, GAO B-419371.3
“Better to Remain Silent and Be Thought a Fool . . . .”: Proposal Sunk by Oral Presentation; Dentrust Dental International, Inc., GAO B-419054.2., B-419054.3
Protester Alleges Its “Bleeding Edge” Approach Deserved a Strength, But Agency Had a Reasonable Case of Hemophobia; Harmonia Holdings Group, LLC v. United States, COFC No. 21-836C
Despite a Flurry of Arguments, Protester Is Unable to Convince Court that Agency Bungled Evaluation; XTec, Inc. v. United States, COFC No. 20-1078C
Agency’s Refusal to Exercise an Option Is Not a Procurement Decision over which GAO Has Jurisdiction; APR Staffing, GAO B-419667
Protester Can’t Challenge Terms of Solicitation When it Elected to Compete Under a Patent Ambiguity; International Business Machines Corporation, GAO B-417596.10
Hard to Win a Protest When the Agency Found Your Proposal “Generic” and the Awardees’ “More Detailed and Creative”; Zolon Tech, Inc., GAO B-419280.4
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