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🔒 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.
Although COFC Found Protested Contract Illegal, It Did Not Have Jurisdiction to Hear Challenge to Related Bridge Contract Executed After Protested Contract Expired; Electra-Med Corporation v. United States, COFC No. 18-927C
If You See Something Say Something: Contractor’s Failure to Question Patent Ambiguity in Contract Negates Claim for Costs of CCTV System; Mark VII Enterprises, Inc. v. United States Postal Service, PSBCA No. 6814
Corrective Action Taken to Resolve Matter Concerning Awardee’s IDIQ Contract Did Not Impermissibly Permit Awardee to Revise Task Order Proposal; CenturyLink QGS, GAO B-418556.3
Show Don’t Tell: No Disparate Treatment Where Awardee Provided Examples to Demonstrate Its Technical Understanding While Protester Did Not; ACTA, LLC, GAO B- 428352.3, B-418352.4
Contractor Entitled to Partial Payment—as Opposed to No Payment—for Performance that Fell Short of Levels Promised in Contract; Appeals of Philips Lighting North American Corporation, ASBCA Nos. 61769 et al.
Government’s Approval of Design that Deviated from Specifications Did Not Change Contract Requirements; Appeal of ECC International, LLC, ASBCA No. 58875
Government Not Required to Help Contractor Retain Workers at Poverty-Level Wages; Appeals of Zalzar FZE , ASBCA Nos. 59545 et al.
Agency Need Not Conduct Discussions Concerning Aspect of a Proposal that Was Not a Weakness; Integrated Medical Solutions, Inc., GAO B-428754, B-418754.2
“La biblioteca de Babel”: GAO Sustains Protest Challenging Library of Congress’ “Brand-Name-and-Equal” Solicitation; Mythics, Inc.; Oracle America, Inc., GAO B-418785, B-418785.2
Protester Not an Interested Party to Challenge Agency’s Tiered Evaluation; Bluewater Management Group, LLC, GAO B-418831
Business Not Affiliated with Subcontractor Despite Earning Majority of Receipts from that Subcontractor; Size Appeal of Navarro Research and Engineering, Inc., RE: RSI EnTech, LLC
GSA Reasonably Evaluated Awardee’s Ability to Comply with Zoning Law; Huffman Building P, LLC, GAO B-418752
Contractor Unable to Convince ASBCA to Retain Jurisdiction Over a Moot Dispute; Appeal of DynCorp International, LLC. ASBA No. 62227
Agency Did Not Err In Assigning Procurement NAICS Code for Services Even Though Contract Was Primarily for Supplies; NAICS Appeal of Noble Sales Co. d/b/a Noble Supply & Logistics, SBA No. NAICS-6067
Landlord of Post Office Unable to Foist Hurricane Damages Costs Onto Postal Service; Valdes v. United States Postal Service, PSBCA No. 6761
Protester Claims Mistaken Labor Rates Were a Mere Clerical Error, But GAO Finds Mistaken Rates Resulted in Noncompliant Proposal; Mission Essential, LLC, GAO B-418767
ASBCA Affirms Liberal Construction of Notice of Appeal Requirements, Finds Parties’ Joint Status Report Was Effective Notice of Appeal of Contractor Claim; Appeals of Archer Western Aviation Partners, ASBCA Nos. 62035 et al.
Absence of Express Language Requiring Payment for the Last 20 Years of a 50-Year Contract Does Not Obviate Public Utility’s Obligation to Pay the Government; Appeals of South Carolina Public Service Authority, ASBCA Nos. 60460, 60616
Agency Entitled to Reject Proposal that Did Not Adequately Identify Required Key Personnel; Artek Construction Company, GAO B-418657, B-418657.2
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