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Agency’s Price Reasonableness Evaluation Disregarded Solicitation and the FAR; Dyncorp International LLC v. United States, COFC No. 19-1133
Agency’s Use of Permissive Rather than Preferred Price Analysis Techniques Not a Perversion of the FAR; Dyncorp International LLC v. United States, COFC No. 19-1133
Protester Can’t Tout Its Subcontract with the Incumbent In Its Proposal and then Cry “Unstated Criteria” when the Agency Considers the Incumbent’s Subpar Performance In the Award Decision; STG LLC, GAO B-418490, B-418490.2
No Voodoo In the Redo: GAO Cool With Revaluation that Yielded Different Ratings than Initial Evaluation; Mancon, LLC, GAO B-417571.5, B-417517.6
Agency Botched Evaluation But Not Enough to Prejudice Protester; Inquiries, Inc., GAO B-418486 et al.
Federal Circuit Overturns ASBCA, Holds that Equitable Adjustment is Unwarranted If Claimant’s Interpretation of the Contract is Unreasonable; United States Army Corps of Engineers v. John C. Grimberg Co. Inc., Fed. Cir. 2019-1608
GAO Finds Agency Disparately Evaluated Offerors, Sustains Protest; Battelle Memorial Institute, GAO B-418047.3, B-418047.4
GAO Can’t Hear Protest Involving Development of COVID-19 Care Network Because Solicitation Was Issued Under Agency’s Other Transaction Authority; System Architecture Information Technology, GAO B-418721
GAO Affirms Agency’s Substantial Discretion in Evaluating R&D Proposals Under the SBIR Program; Wang Electro-Opto Corporation, GAO B-418523
Contractor Can’t Recover Costs Incurred as a Result of a Third Party’s Conduct; ECC International Constructors, LLC v. Secretary of the Army, Fed. Cir. 2019-1619
GAO Jurisdiction Inoperative If the Agreement is Cooperative; Tactical Solutions International, Inc., GAO B-418748
“Look What You Made Me Do”: Agency’s Discussions Did Not Coerce Protester Into Raising Its Price; Quality Control International, LLC v. United States, COFC No. 20-37C
Dissatisfaction with Incumbent’s Performance Doesn’t Justify Sole-Source Award to Another Contractor; Utech Products d/b/a EndoSoft, LLC v. United States, COFC No. 20-315C
No Problem With SSEB Member Providing Past Performance Information on Offerors; EFW, Inc. v. United States, COFC NO. 20-92C
Requirement that Agency Review Realism of Low Labor Rates Did Not Preclude It from Assessing Realism of All Proposed Rates; Agile Defense, Inc. v. United States, Fed Cir. 2019-1954
Challenges to Contracts for Maintenance of Georgia Military Base Come Up Short; HCR Construction, Inc.; Southern Aire Contracting, Inc., GAO B-418070.4, B-418070.5
Agency Reasonably Rejected Proposal That Did Not Include Required Cost Information; AECOM Management Services, Inc., GAO B-418467 et al.
Protester that Can’t Show It’s a Successor to Company that Bid on Solicitation Lacks Standing to Protest; Centerline Logistics Corp. v. United States, COFC No. 20-483C
Agency Conducted Misleading Discussions But Protester Was Not Prejudiced; Acuity-Exemplar, JV, GAO B-418428
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