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🔒 Members Only · Protests & Claims BriefYou’ve reached the member portion of this brief.Members read the full analysis and the source documents in every Brief, six days a week.
Equitable Subrogation: Is It a Viable Claim or Just a Desperate, Last-Ditch Answer to a Bar Exam Question You Didn’t Understand?
How Many Unacceptable SDVOSB Proposals Must an Agency Receive Before It Can Nix the Set-Aside Decision and Hold an Unrestricted Competition?
Although the Agency Denied It, Did the Pandemic Change the Agency’s Requirements?
Solicitation’s Price Criteria Mentioned “Risk”. Did This Obligate the Agency to Assess Realism?
Agency Didn’t Respond to an Agency Protest. Why Was the Agency’s Inaction Considered Adverse Action?
Protester Said Its Proposal Had a Massive Technical Advantage Over the Awardee. Did GAO Think the Proposal Was So Self-Evidently Superior?
So Agencies Must Purchase Items on the AbilityOne Procurement List from Mandatory Sources, But How Mandatory Is that Mandate?
Protester Thought Its “Extremely High-Priced” Proposal Had a Reasonable Chance of Award. Was GAO Convinced?
How Did this Protester’s Byzantine Corporate Structure Tank Its Claim for Proposal Costs?
How Did this Incumbent Not Understand the Agency’s Needs?
I Have A Sneaking Suspicion the Awardee Misrepresented Its Resources Available for the Contract. Is that Enough to Sustain a Protest?
How Inaccessible Must a Key Person Be Before They’re “Unavailable”?
Got Arguments You Didn’t Assert in an Initial Protest? Good Luck with Those.
Was this Protester Confused About the Difference Between the Solicitation’s Performance Factor and Past Performance Factor?
OHA Dismissed a Size Appeal for Lack of Standing, but COFC Reversed. Why Did the Court Think the OHA Decision Was “Anything But Logical”?
The Agency Planned to Evaluate Offers Holistically. Did this Permit the Protester to Propose a “Flexible” Management Approach?
Was the Agency Required to Consider the Pandemic and Inflation When Assessing Price Reasonableness?
The Agency Established a Competitive Range with Five Offerors, But Was It Really a Competitive Range of One?
How Did the Agency Flub this Best-Value Tradeoff?
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