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.
“Oh, Oh Here She Comes, Watch Out Boy She’ll Chew You Up”: Protester Learns the Hard Way that Proposal Deadline Is a Maneater; Richen Management, LLC, GAO B-419253
“I Can’t Go For That, No Can Do”: Agency Tossed Quote Because Vendor Offered the Same Key Personnel Under Two Different Solicitations; AttainX, Inc., GAO B-419306, B-419306.2
“One on One I Want to Play that Game Tonight”: Agency Performed Thorough “Rule of Two” Analysis; Veteran Shredding, LLC v. United States, Fed. Cir. 2020-1336
“She’s Gone, She’s Gone, I Better Learn How to Face It”: Contractor Bailed on Performance, Agency Terminated for Default; ITS Group Corp. v. Department of Agriculture, CBCA 6621, 6747
Federal Circuit Holds that Bid in Excess of Agency’s Funding Does Not Necessarily Negate Offeror’s Standing to Protest; Land Shark Shredding, LLC v. United States, Fed. Cir. 2020-1230
Protest Complaining About Awardee’s Failure to Propose Brand Name Equipment is Untimely; Mission Analytics, LLC, GAO B-419339
Request for Equitable Adjustment Did Not Qualify as CDA Claim for Purposes of Statute of Limitations; Zafer Construction Company v. United States, COFC No. 19-673C
Ceci N’est pas une Pipe: Agency Attempts to Argue that Document Labeled as “Final Decision” Was Not, In Fact, a Final Decision; Hydraulics International, Inc. v. United States, COFC Nos. 19-105C, 20-598C
Agency Attempted Clarifications But Ended Up Conducting Unequal Discussions; DevTech Systems, Inc., GAO B-418273.3, B-418273.4
Contractor Can’t Submit Opinion Evidence from Its Owner and Can’t Designate Owner as an Expert Witness; Marine Industrial Construction, LLC v. United States, COFC No. 15-1189
Breach Claim in COFC Suit Not Barred by Contractor’s Defenses in Related Patent-Infringement Case Brought by Government; Gilead Sciences, Inc. v. United States, COFC No. 20-499C.
Agency Not Required to Inform Offeror that Its Price is High Unless the Price Is Unreasonably High; World Wide Technology, Inc., GAO B-417909.2, B-417909.3
COFC Finds Protest “Misfired Badly” on Its Merits Allegations; Mitchco International, Inc. v. United States, COFC No. 20-879C
GAO Reaffirms that Agencies Have Discretion in Deciding to Set Aside Task Orders Under Multiple Award Contracts; ITility, LLC, GAO B-419167
Agency Not Required to Adjust Contract Price to Reflect Increase in Korea’s Minimum Wage; Appeals of KF&S Corp., ASBCA Nos. 62223, 62292
Purported Non-Monetary Claim Really a Monetary Claim that Lacked a Sum Certain; Appeal of MAC Electric Inc., ASBCA No. 62503
Keepin’ It Real: GAO Finds Agency’s Cost Realism Evaluation Unobjectionable; Apogee Engineering, LLC, GAO B-419108, B-419108.2
Agency’s Failure to Document Cost Analysis Negates Award; Hoover Properties, GAO B-418844, B-418844.2
Agency had Duty to Inquire About Awardee’s Change In Corporate Structure; HWI Gear, Inc., v. United States, COFC No. 20-930
Keep reading
