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Protester Tried to Challenge Awardee’s Low Price, But Solicitation Did Not Permit Price Realism Evaluation; Appsential, LLC, GAO B-419046.2 et al.
In Protester’s Second Bite at the Apple, GAO Affirms that Agency Reasonably Considered Past Performance Not Included in Proposal; Wolff & Mueller Government Services GmbH & Company KG, GAO B-419431, B-419431.2
Government Specified a Proprietary Item and then Wrongly Refused Contractor’s Substitute Item; Appeal of Carothers Construction, Inc., ASBCA No. 62204
Protest Challening Agency’s Use of Other Transaction Authority Is Untimely; Spartan Medical, Inc., GAO B-419503
Court Permits Government to Assert Counterclaim Alleging that Contractor Gave Agency Official a Car In Exchange for Approving False Invoices; Square One Armoring Services Company v. United States, COFC Nos. 16-cv-124C, 263C
Not Much Protester Can Do to Salvage Deficient Proposal; ARCIS International-UNISECUR S.R.L.-RANGERS S.R.L. JV, GAO B-419481
Agency Threads Needle on Request for Costs: Initial Protest Argument Lacked Merit, and Agency Took Prompt Corrective Action in Response to Supplemental Arguments; Bay West, LLC—Costs; Bhate Zapata LLC—Costs, GAO B-418960.6, B-418960.7
Factual Issues Preclude Summary Judgment on Government’s Affirmative Release/Waiver Defense; Appeal of Shneez Veritas, LLC, ASBCA No. 62067
Agency Effectively Extended Proposal Deadline Even Though Amendment Extending Due Date Did Not Post Until After Deadline Passed; Zafer Taahut, Insaat ve Ticaret, A.S. v. United States, Fed. Cir. 2020-1726
Request for Protest Costs Is Premature When Agency Has Not Taken Corrective Action; Optimize Consulting, Inc.—Costs, GAO B-419212.2
“Wink, Wink, Nudge, Nudge, Say No More, Say No More”: GAO Finds that Discussions—Where Agency Dropped Unsubtle Hints About Its Concerns with the Proposal—Were Not Misleading; Zodiac-Poettker HBZ JV, LLC, GAO B-419292
Offeror that Submitted Unacceptable Proposal Lacked Standing to Challenge Awardee’s Size; Size Appeal of Advent-EDGE Solutions of Middle Atlantic, Inc., Re: Reliable Pharmaceutical Returns, LLC, SBA No. SIZ-6089
ASBCA Limns the Boundary Between an REA and Claim, Finds Contractor Can’t Implicitly Convert REA into Claim by Accident; Appeal of BAE Systems Ordnance Systems, Inc., ASBCA No. 62416
All in All, It’s Just Another Brick in the Wall: Fact that Protester’s Border Wall Proposal Received Higher Ratings in Separate But Nearly Identical Procurement Did Mean Evaluation Was Flawed; Fisher Sand & Gravel Company, GAO B-419238
Protester Failed to Support Alleged OCI with “Hard Facts”; Lukos-VATC JV III, LLC, GAOP B-418427.9, B-418427.11
Task Order Solicitation Did Not Exceed Scope of Underlying IDIQ Contract; Anduril Industries, Inc., GAO B-419420
One Vendor’s Price Was Allegedly an Outlier, But Agency Didn’t Abuse Discretion by Averaging Prices to Assess Reasonableness; Guidehouse LLP, GAO B-419336 et al.
Requirement for “Organically” Produced Action Review Packet Not Ambiguous; Barbaricum, LLC, GAO B-418427.7
Federal Circuit Smells What COFC Was Cooking and Approves, Holds that Army’s Refusal to Allows Its Brand to Be Used in Advertising Featuring Dwayne “The Rock” Johnson Did Not Violate Contract; Authentic Apparel Group, LLC, Ron Reuben v. United States, Fed. Cir. 2020-1412
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