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Contractor Can’t Recover Costs for a Contract It Never Performed; Prime Tech Construction, LLC v. Department of Energy, CBCA 6682, 6765, 6767
Contract Stated that Government Would Furnish Personnel, But Agency’s Failure to Provide Personnel Was Not a Breach; Appeals of ECC International LLC, ASBCA Nos. 61176, 62029
“Better to Remain Silent and Be Thought a Fool . . . .”: Proposal Sunk by Oral Presentation; Dentrust Dental International, Inc., GAO B-419054.2., B-419054.3
Eight-Year Old Claim Barred by the CDA Statute of Limitations; Appeal of URS Federal Services, Inc., ASBCA No. 62475
Protester Alleges Its “Bleeding Edge” Approach Deserved a Strength, But Agency Had a Reasonable Case of Hemophobia; Harmonia Holdings Group, LLC v. United States, COFC No. 21-836C
Despite a Flurry of Arguments, Protester Is Unable to Convince Court that Agency Bungled Evaluation; XTec, Inc. v. United States, COFC No. 20-1078C
Business that Is Essentially a Side Hustle for Its Owner Cannot Qualify as an SDVOSB; CVE Protest of HamHed, LLC Re: YUFS, Inc., SBA No. CVE-180-P
Agency’s Refusal to Exercise an Option Is Not a Procurement Decision over which GAO Has Jurisdiction; APR Staffing, GAO B-419667
Protester Can’t Challenge Terms of Solicitation When it Elected to Compete Under a Patent Ambiguity; International Business Machines Corporation, GAO B-417596.10
Government’s Liability for Holdover Period in Lease Is Based on Fair Market Value of the Property, not on Holdover Clauses from Commercial Leases; 1125 15h St., LLC v. General Services Administration, CBCA 6012
Hard to Win a Protest When the Agency Found Your Proposal “Generic” and the Awardees’ “More Detailed and Creative”; Zolon Tech, Inc., GAO B-419280.4
Protester’s Failure to Check Email for Over a Week Results in an Untimely Protest; SAGAM Securite Senegal, GAO B-418583.2
Protester Can’t Submit Project It Has Not Yet Performed as Prior Experience; Creoal Consulting, LLC,GAO B-419460, B-419460.2
Protester Alleged that Cost Realism Analysis Was Flawed But Failed to Identify Specific Problem with the Evaluation; OBXtek, Inc, GAO B-419478, B-419478.2
Claim, Which Contained a Disclaimer About Possible Duplicative Costs, Did Not State a Sum Certain; Sage Acquisitions LLC v. Department of Housing and Urban Development, CBCA 6631
Protester Claims Agency “Lost Proposal in the Electronic Ether,” But COFC Finds Protester Can’t Prove It Properly Submitted Proposal; Naval Systems, Inc. v. United States, COFC No. 20-1539C
FAA’s ODRA Finds Agency Improperly Waived an “Extraordinarily Disturbing” OCI, Recommends Agency Consider Debarment or Suspension of Awardee; Protest of SGT, Inc., FAA No. 20-ODRA-00872
CBCA Dismisses Appeal, Finding Claim was Precluded by Federal Circuit Decision Involving Virtually Identical Contract; Purdy Enterprise, LLC. v. Department of Housing and Urban Development, CBCA 6128, 6129
COFC Effectively Reverses GAO, Finds Flaws in Agency’s Past Performance, Price, and Technical Evaluations; Mortgage Contracting Services, LLC v. United States, COFC NO. 20-1230C
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