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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.
Alleged Relaxed Solicitation Requirement Wasn’t Actually a Requirement, and If Had Been, Satisfying It Would’ve Been a Sisyphean Task
Protester Alleged Evaluation Was too Glib, But Court Found It Pretty Thorough
Contractor Rings the Bell on Constructive Change Claim Against FBI
Protester Alleged Discussions Weren’t Meaningful, But Agency Was Just Underwhelmed by Protester’s Revised Approach; Connected Global Solutions, LLC, GAO B-4218266.10, B-418266.12
“Strong Disagreement” With Agency’s Evaluation Not Enough to Sustain Protest; Trilogy Federal, LLC v. United States, COFC No. 21-1067C
Contractor’s Role as Appellant Did Not Preclude It From Arguing that Government Failed to State a Claim; Appeal of Sauer Incorporated, ASBCA No. 62395
DFARS Proposed Rule – Revision of the Definition of Commercial Item
GAO Sustains Protest, Finds No Clear Nexus Between Stated Evaluation Criteria and Things the SSA Actually Considered; Eccalon, LLC, GAO B-420297, B-420297.2
“Unusual and Compelling Urgency” to Remove Tornado Debris Justified Award of Sole-Source Contract; Ceres Environmental Services and D&J Enterprises, Inc. v. United States, COFC No. 21-2346C
Agency Reasonably Evaluated Awardee’s Manufacturing Experience; Superior Optical Labs, Inc., GAO B-420428, B-420428.2
Final Rule – Postaward Debriefings
Protest Challenging Award Was Untimely—Protester Should’ve Challenged “Most Highly Qualified” Decision Made Before Award; Battelle Memorial Institute, GAO B-420403 et al.
Successful Protester Entitled to Reimbursement for All Protest Arguments Except One that Was Not Intertwined with Meritorious Arguments; Ruchman and Associates, Inc.–Costs, GAO B-419968.3
Factual Dispute Concerning Application of Contract’s Testing Procedures Precludes Summary Judgment; Appeal of Cascade Designs, Inc., ASBCA No. 62378
Final Rule – Evaluation Factor for Employing or Subcontracting with Members of the Selected Reserve
Class Deviation 2022-O0008 – Restriction on Acquisition of Personal Protective Equipment
Agency’s Voluntary Responses to Post-Debriefing Questions Didn’t Extend Protest Deadline; K&K Industries, Inc., GAO B-420422, B-420422.2
Agency Wasn’t Required to Ignore Awardee’s Incumbent Advantage; Crowely Government Services, Inc. v. United States, COFC No. 21-1387
GAO Declines to Exercise Jurisdiction Over Protest Arguments that Implicate Third-Party License; LightBox Parent, LP, GAO B-320032.2 et al.
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