Articles
🔒 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.
When Proposed Key Personnel Become Unavailable, Agency May Evaluate Proposal as Submitted Without Giving Offeror a Chance to Revise; PAE Applied Technologies, LLC v. United States, COFC No. 20-1557
Agency’s Alleged Clarifications Were Really Discussions But It Didn’t Matter Because Protester Was Not in Competitive Range; Trademasters Service, Inc., GAO B-418522.2 et al.
Solicitation Required Offerors to Present Information in a Diagram, So Agency Did Not Err in Disregarding Protester’s Narrative Presentation; REV, LLC, GAO B-418461.10
All Offerors Received the Same Past Performance Rating, But that Didn’t Mean the Agency Unreasonably Evaluated Proposals; MicroHealth, LLC, GAO B-418461.6, B-418416.16
COFC Clarifies When Awardees Have Standing to Protest; Sirius Federal, LLC (f/k/a Force 3, LLC), CDW Government LLC, CounterTrade Products, Inc. and Blue Tech Inc. v. United States, COFC Nos. 21-1030C, 21-1041C, 21-1043C & 21-1053C
“That Ain’t Workin’, That’s the Way You Do It, You Get Yourself A Firm-Fixed-Fee . . . Money for Nothin’ and the Chicks for Free”: Firm-Fixed-Price Doesn’t Mean Government Has to Pay Regardless of Performance; Pacific Coast Community Services, Inc. v. United States, Fed. Cir. 2020-1815
No Constructive Change When the Agency Did Not Unequivocally Direct Contractor to Alter Performance; Appeals of David Boland, Inc., ASBCA Nos. 61923, 61924, 61925
It’s Not Me It’s You: Protester Alleged Agency Ignored Its Specific Technical Approach, But Agency Considered Approach and Simply Found It Wanting; Infinity Systems Engineering, LLC, GAO B-419043
COFC Interprets Peculiar Statute of Limitations in CDA’s Anti-Fraud Provision, Finds Limitations Period Only Stops Running When Court Makes Fraud Determination, Not When Government Files a Claim; Lodge Construction, Inc. v. United States, COFC Nos. 13-499, 13-800
Contractor Can’t Recover Under Constructive Change Theory If It Didn’t Actually Perform the Changed Requirements; Pacific Coast Community Services, Inc. v. United States, Fed. Cir. 2020-1219
Court Finds Agency Created a “Platypus of a Procurement,” Drawing Bits from both FAR Parts 13 and 15, But Protester Could Not Argue It Was Surprised by the Amalgamation; Rocky Mountain Mobile Medical v. United States, COFC No. 20-1936C
GAO Finds that Protest Challenging Award of Smokejumper Contract Is All Smoke, No Fire; Leading Edge Aviation Services, Inc., GAO B-419427
Federal Circuit Affirms that Agency Does Not Breach Duty of Good Faith by Declining to Order Work Beyond IDIQ Contract’s Minimum Guarantee; Future Forest, LLC. v. Secretary of Agriculture, Fed. Cir. 2020-2039
Agency Not Required to Seek Clarification of Protester’s “Editing Error”; Golden Key Group, LLC, GAO B-419001
Agency Reasonably Considered How Proposed Teams Would Function Together Even Though It Was Not Stated Evaluation Criterion; VxL Enterprises, LLC, GAO B-149467.2
Awardee’s Failure to Include OEMs or Product Numbers in Proposal Not a Material Omission; National Capitol Contracting, LLC, GAO B-41842.3
ASBCA Declines to Hear New Arguments Raised in a Motion for Reconsideration; Appeals of CDM Constructors Inc. ASBCA Nos. 62026, 62088, 62089
I Asked for a Way to Blend Lean and Fatty Meat Products and You Gave Me Lies: ASBCA Finds Contractor Fraudulently Induced Agency to Buy a Meat Grinder; Appeals of Hollymatic Corporation, ASBCA Nos. 61920, 61956
Contractor Can’t Sidestep Release It Executed Relieving Government of Liability for Delay; Glen/Mar Construction, Inc. v. Department of Veterans Affairs, CBCA 6904
Keep reading
