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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.
My Protest Doesn’t Challenge a Solicitation or an Award But Rather a Non-Existent Contract I’d Like to Receive. Do I Have Standing?
Sure, They’re Alluring But Stay Away from Protest Arguments Based on Violations of Procurement-Related Appropriation Statutes
If You Thought “Unconditional Ownership” of an SDVOSB Was a Straightforward Concept, You’re Profoundly Misguided
Confused About the Scope of the Randolph-Sheppard Act? This Sustained Protest Clarifies that Cafeteria “Operation” Involves More than Slinging Sloppy Joes
Evaluators Are Not Blank Slates. Can an SSA Rely on Personal Knowledge in Making an Award Decision?
How to Distinguish Between Differing Site Conditions and Defective Specifications
Agency Converted Awardee’s Prices from Foreign Currency to U.S. Dollars But Didn’t Convert Protester’s Prices. Why Was GAO Cool with This?
You’ve Alleged a Disparate Evaluation: Is Your Proposal Really Indistinguishable from the Awardee’s, or Just Superficially Similar?
You’re Out of the Competitive Range. What Part of the Evaluation Can You Challenge?
Beware of the “Black Box” Expert Opinion When Litigating Claims
Interested in Applying to SBA’s 8(a) Program? Don’t Have Two Full-Time Jobs
There May Be More Accurate Ways to Measure Pants, But the Agency’s Method Was Reasonable
Protester Claimed Agency Ignored Its Proposed Discount, But Putative Discount Was Premised on a Solicitation Ambiguity
Court Wades Into River Dredging Dispute, Denies Differing Site Condition Claims But Grants Grants Superior Knowledge Claim, Finding that Government Knew Dredging Site Was Essentially a “Garbage Dump”
GAO Repudiates Past Performance Evaluation, Agency Didn’t Sufficiently Document Assessment of Relevancy
Contractor’s Byzantine Corporate Structure Made It Impossible for CBCA to Determine Which Entity Incurred Costs
OHA Finds Affiliation Under Seldom-Invoked “Unlimited-in-Two Rule”
Ambiguity Was So “Obvious, Gross, and Glaring” that ASBCA Construed It Against Contractor
Awardee’s Parents May Have Been Susceptible to Espionage, But Contract for Transport of “Couches, TVs, and Dishes” Wasn’t Essential Enough to Raise National Security Concerns
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