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“Wink, Wink, Nudge, Nudge, Say No More, Say No More”: GAO Finds that Discussions—Where Agency Dropped Unsubtle Hints About Its Concerns with the Proposal—Were Not Misleading; Zodiac-Poettker HBZ JV, LLC, GAO B-419292
Offeror that Submitted Unacceptable Proposal Lacked Standing to Challenge Awardee’s Size; Size Appeal of Advent-EDGE Solutions of Middle Atlantic, Inc., Re: Reliable Pharmaceutical Returns, LLC, SBA No. SIZ-6089
All in All, It’s Just Another Brick in the Wall: Fact that Protester’s Border Wall Proposal Received Higher Ratings in Separate But Nearly Identical Procurement Did Mean Evaluation Was Flawed; Fisher Sand & Gravel Company, GAO B-419238
Protester Failed to Support Alleged OCI with “Hard Facts”; Lukos-VATC JV III, LLC, GAOP B-418427.9, B-418427.11
Task Order Solicitation Did Not Exceed Scope of Underlying IDIQ Contract; Anduril Industries, Inc., GAO B-419420
One Vendor’s Price Was Allegedly an Outlier, But Agency Didn’t Abuse Discretion by Averaging Prices to Assess Reasonableness; Guidehouse LLP, GAO B-419336 et al.
Requirement for “Organically” Produced Action Review Packet Not Ambiguous; Barbaricum, LLC, GAO B-418427.7
Agency Reasonably Rejected Quotation Due to Distasteful Color Scheme; ERP Services, Inc., GAO B-419315
GAO Lacks Jurisdiction to Hear Challenge to Actions of Central Nonprofit Agency in Procurement Conducted Under AbilityOne Program; Melwood Horticultural Training Center, Inc., GAO B-419424
Agency Reasonably Excluded Proposal for COVID-19 Test Kits; Comprehensive Health Services, LLC, GAO B-419183.2
Agency Copied Portion of Protester’s Evaluation Summary and Pasted It In Awardee’s Evaluation, But GAO Finds No Prejudicial Error; Deloitte Consulting LLP, GAO B-419336.2
Resolving Conflicting COFC Decisions, Federal Circuit Holds that COFC Has Jurisdiction Over Implied-In-Fact Contract Claims in Bid Protests; Safeguard Base Operations, LLC v. United States, B&O Joint Venture, LLC, Fed. Cir. 2019-2261
Court Refuses to Retain Jurisdiction Over Protest to Act as Bulwark Against Potential Errors in Corrective Action; Newimar, S.A. v. United States, COFC No. 20-1724C
Agency Decision to Take Corrective Was Not Pretextual But Reasonably Based on Its Interpretation of a Regulation; Digital Forensic Services, LLC, GAO B-319305.3
Conversion of Default Termination Into Termination for Convenience Moots Claimant’s Appeal; Mubashir Ali v. Agency for Global Media, CBCA 6914
Federal Circuit Rules that Navy Violated Implied-In-Fact Software License and Infringed Developer’s Copyright; Bitmanagement Software GMBH v. United States, Fed. Circ. 2020-1139
GAO Lacks Jurisdiction Over Protests Involving the White House’s Office of Administration; Argus Secure Technology, LLC, GAO B-419422, B-419422.2
Agency Not Required to Determine Whether Offered Property Complied with Local Zoning Ordinances; Huffman Building P, LLC v. United States, COFC No. 20-1289C
Alleged Unstated Criteria Were Reasonably Encompassed by Solicitation; SOC LLC, GAO B-418487.2, B-418487.3
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