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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.
Claimant Not Responsible for Agency’s Mistaken Order; Matter of AARE Logistics, LLC, CBCA 6578-RATE
Despite Language Indicating Agency May Consider Alternative Products, Solicitation Was Really A Brand Name Procurement; W&G Machine Corporation, Inc., GAO B-418698.2, B-418698.3
Agency’s Mere Suspicion of Fraud Somewhere in the Contract Does Not Deprive ASBCA of Jurisdiction; Appeal of Mountain Movers/Ainsworth-Benning, LLC, ASBCA No. 62164
COFC Rejects Agency’s Post Hoc Rationale for Corrective Action; Clarke Healthcare Products, Inc., COFC No. 20-413C
GAO Finds Protester Mischaracterized Evaluation Record; U.S. Electrodynamics, Inc., GAO B-418574.2, B-418574.4
COFC Rejects Contractor’s Attempt to Resuscitate Claim; HCIC Enterprises, LLC d/b/a HCI General Contractors v. United States, COFC No. 18-1943C
Agency Entitled to Cancel Task Order Solicitation When the Term Would Have Exceeded Completion Deadline of Underlying GWAC; CEdge Software Consultants, LLC, GAO B-418128.7
Federal Circuit Vacates COFC Decision, Remands for Determination of Whether Debt Underlying Government Offset Was Valid; Agility Public Warehouse Company K.S.C.P. v. United States, Fed Cir. 2019-1886, 2019-1887
Confusion Concerning Updates to GSA’s e-Buy Website Does Not Excuse a Late Quotation; The Winvale Group, LLC, GAO B-418804
Class Deviation—Section 890 Pilot Program to Accelerate Contracting and Pricing Processes
How Could You Want Them When You Could Have Me?: Protester Unable to Prove that Solicitation Was Tailored to a Specific Vendor; Kardex Remstar, LLC, GAO B-418714
GAO Affirms that “Close-at-Hand” Doctrine Does Not Apply to Technical Evaluation; XTec, Inc., GAO B-418619 et al.
Class Deviation—Section 3610 Reimbursement Requests
Government Caused Delay By Demanding Contractor Provide Information Not Required by the Contract; Appeals of RBC Construction Corp., ASBCA Nos. 59404 et al.
Protester Booted for Not Properly Certifying Its Non-Use of Covered Chinese Telecommunications Equipment and Services; MicroTechnologies, LLC, GAO B-418700
Ostensible Subcontractor Rule For SDVOSBs Does Not Apply to Procurements for Goods; CVE Protest of Superior Optical Labs, Inc. Re: PDS Consultants, Inc. SBA No. CVE-157-P
Federal Circuit Rejects Air Force’s Claim that Contract for Welfare of Servicemembers Was Not a Procurement Under the CDA Because It Did Not Benefit the Agency; Parsons Evergreene, LLC v. Secretary of the Air Force, Fed. Cir. 2019-1931, 2019-1975
ASBCA Precludes Contractor from Externalizing the Costs of Its Labor Practices; Appeals of Kellogg Brown & Root Services ASBCA Nos. 59385, 59744
Agency Not Required to Infer that Proposed Key Person Possesses Experience Not Listed in the Proposal; VSolvit, LLC, GAO B-418265.2, B-418265.3
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