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ASBCA Compels Claimant to Produce Its Bid Preparation Materials; Appeal of Corinthian- WBCM, a Joint Venture, ASBCA No. 62379
Attachment of Claim to Bare-Bones Complaint Saves Appeals from Dismissal; Appeals of Halbert Construction Company, Inc., ASBCA Nos. 62250, 62251
GAO Rejects Argument that Was Inconsistent with Position Protester Took in Proposal; Qwest Government Services, Inc. d/b/a CenturyLink QGS, GAO B-419597, B-419597.2
Just Because Proposed Key Person Is Working on Another Contract Doesn’t Mean They’re Unavailable; Peraton, Inc., GAO B-416916.12, B-416916.13
Protester’s Middling Performance on Incumbent Contract Undermines It Proposal for Successor Contract; Vectrus Systems Corporation v. United States, COFC No. 20-2053C
Protester Was Not Next In Line for Award, So It Lacked Standing to Protest; IAP World Services, Inc. GAO B-418735.3, B-418735.4
Court Finds that Implementation of Price Competition into AbilityOne Procurements Is Illegal; Melwood Horticultural Training Center, Inc. v. United States, COFC No. 20-1884C
Agency Erred in Considering Past Performance of Joint Venture Member for Aspects of Contract Member Was Not Proposed to Perform; Yang Enterprises, Inc., GAO B-418922.2, B-418922.6
Contractor Tries to Blame Government, Subcontractors, and Material Shortages for Default, But ASBCA Doesn’t Buy It; Appeal of Powertronic Systems Florida, Inc., ASBCA No. 62174
Claim that Doesn’t Itemize Components and Just Contains a Bottom-Line Total Fails to State a Sum Certain; Appeal of ECC International Constructors, LLC, ASBCA No. 59586
Offeror Not Required to Contact Proposed Key Personnel to Confirm Availability; Manhattan Strategy Group, LLC, GAO B-419040.3
Federal Circuit Clarifies Distinction Between Bid Protest and Size Protest; Harmonia Holdings Group, LLC v. United States, Fed. Cir., 2020-1703
“’Cause Baby Now We Got Bad Blood, You Know It Used to Be Mad Love”: Protester’s Incumbency Status Does Not Entitle It to Highest Evaluation Ratings; ENGlobal Government Services, Inc., GAO B-419612, B-419612.2
Court Applies “Mirror Image” Rule, Finds Government Did Not Accept Brokerage Commission Provision in Lease Proposal; Two Rivers Corporate Centre, L.P. v. United States, COFC NO. 20-1811C
Decision to Obtain Items from a Single Approved Source Did Not Unduly Restrict Competition; Acme Products and Engineering, Inc., GAO B-419495
Government Cannot Waive Defects in Final Decision; Appeal of URS Federal Support Services, Inc., ASBCA No. 59998
Subsequent Events Obviate Challenge to Agency’s Set-Aside Decision; Foxhole Technology, Inc., GAO B-419577
Agency Did not Need to Make a Specific “Fair Proportion” Determination as Part of Set-Aside Decision; Ranger American of Puerto Rico, Inc. v. United States, COFC No. 21-935C
GAO Recommends Costs, Finds that Reasonable Investigation of Protest Arguments Would Have Led to Discovery of Issues that Ultimately Prompted Corrective Action; CW Government Travel, Inc.—Costs, GAO B-419193.3
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