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Federal Circuit Rejects Claim that Would Have Made CLIN Inexplicable; P.K. Management Group, Inc. v. Secretary of Housing and Urban Development, Fed. Cir. 2020-1260
Protester Can’t Recover Costs for Initial Protest Arguments that Were Contradicted by Its Meritorious Supplemental Protest Arguments; NARCORPS Specialties, LLC—Costs, GAO B-418971.4
GAO Refuses to Consider (or to Reconsider) Argument Raised by Offeror Who Had Not Actually Filed a Protest; RCG of North Carolina, LLC—Reconsideration, GAO B-418824.4
Federal Circuit Clarifies that If Protester Does Not Seek Enhanced Debriefing, then Five-Day Deadline for Invoking CICA Stay Applies; Nika Technologies, Inc. v. United States, Fed. Cir. 2020-1924
The Unbearable Lightness of Disagreeing: COFC Rejects Arguments that Mostly Amount to Disagreement with Agency’s Evaluation Conclusions; Harmonia Holdings Group, LLC and Snap, Inc. v. United States, COFC Nos. 20-1300 and 20-1318
What Are We Fighting For? ASBCA Boots Appeal Seeking Declaratory Relief Because the Challenged Agency Decision Did Not Impact the Contractor; Appeal of Lockheed Martin Corporation, ASBCA No. 62377
Protester Argues Solicitation Criteria are Flabby and Permit Consideration of Inexperienced Offerors—GAO Finds Argument Is Really Just an Attempt to Eliminate Competition; Accenture Federal Services, LLC, GAO B-418321.4
Failing to Inform Agency of Unavailability of Non-key Personnel Not a Material Misrepresentation; Perspecta Enterprise Solutions, LLC v. United States, COFC No. 814
Agency Within Its Rights to Reject Proposal that Did Not Provide Evidence of Adequate Accounting System; NCI Information Systems, Inc., GAO B-419322, B-419322.2
No Problem with Agency Exercising Option Instead of Awarding New Contract; M&C Venture Group, LLC, GAO B-419270
Although Documents Were In Agency’s Contract File, They Were Not Incorporated Into Contract; CSI Aviation, Inc. v. Department of Homeland Security, CBCA 6292 et al.
Self-Prepared, Unverified Spreadsheet Insufficient to Support Claim for Termination Costs; Bannum, Inc. v. United States, COFC No. 190-506C
Contractor Didn’t File a Claim But ASBCA Still Had Jurisdiction Over Appeal Challenging Termination for Cause; Appeal of Skyquest Aviation, LLC, ASBCA No. 62586
Protester Can’t Convince GAO that Matter of Responsibility Is One of Responsiveness; Butt Construction Company, Inc., GAO B-4190156.2
Court Finds that Agency Capriciously Cancelled Solicitation; PGLS, LLC d/b/a Piedmont Global Language Solutions v. United States, COFC No. 20-1023, 20-1068
CBCA Finds Agency Breached Software Licenses But Limits Contractor’s Damages to Licenses’ Fair Market Value; Immix Technology, Inc. v. Department of the Interior, CBCA 5866
Government Not Required to Indemnify Contractor for Costs Incurred Litigating Third Party Radiation Exposure Suits; The Boeing Company v. Department of Energy, CBCA 6359
Incumbent’s Program Manager and Evaluator Were Facebook “Friends” But Relationship Did Not Create Conflict of Interest; D&G Support Services, LLC, GAO B-419245, B-419245.3
Encountering Frozen Ground in Alaska Is Not a Differing Site Condition; Ahtna Construction & Primary Products Company, LLC. v. Department of Agriculture, CBCA 6892
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