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Agency’s Use of Permissive Rather than Preferred Price Analysis Techniques Not a Perversion of the FAR; Dyncorp International LLC v. United States, COFC No. 19-1133
Protester Can’t Tout Its Subcontract with the Incumbent In Its Proposal and then Cry “Unstated Criteria” when the Agency Considers the Incumbent’s Subpar Performance In the Award Decision; STG LLC, GAO B-418490, B-418490.2
No Voodoo In the Redo: GAO Cool With Revaluation that Yielded Different Ratings than Initial Evaluation; Mancon, LLC, GAO B-417571.5, B-417517.6
Small Business May Have Subcontracted with Incumbent and May Have Also Hired Some Incumbent Staff, But It Was Not Unusually Reliant on the Incumbent; Size Appeal of North Wind-CDM Smith Advantage JV, LLC Re: Changeis, Inc., SBA No SIZ-6053
Ambiguous Specification for Foundation Piles Precludes Summary Judgment for Government and Contractor; Appeal of Walsh Group Ventures, ASBCA No. 61222
Agency Botched Evaluation But Not Enough to Prejudice Protester; Inquiries, Inc., GAO B-418486 et al.
DFARS Final Rule – JA Thresholds for 8(a) Contracts
Federal Circuit Overturns ASBCA, Holds that Equitable Adjustment is Unwarranted If Claimant’s Interpretation of the Contract is Unreasonable; United States Army Corps of Engineers v. John C. Grimberg Co. Inc., Fed. Cir. 2019-1608
GAO Finds Agency Disparately Evaluated Offerors, Sustains Protest; Battelle Memorial Institute, GAO B-418047.3, B-418047.4
GAO Can’t Hear Protest Involving Development of COVID-19 Care Network Because Solicitation Was Issued Under Agency’s Other Transaction Authority; System Architecture Information Technology, GAO B-418721
GAO Affirms Agency’s Substantial Discretion in Evaluating R&D Proposals Under the SBIR Program; Wang Electro-Opto Corporation, GAO B-418523
DFARS Final Rule – Notification of Anticipated Contract Termination or Reduction
Agency’s Mismanagement of Contract Schedule Necessitated Subcontractor Standby, Which Justified Recovery of Home Office Overhead; Appeal of Alderman Building Company, Inc., ASBCA No. 58082
Contractor Can’t Recover Costs Incurred as a Result of a Third Party’s Conduct; ECC International Constructors, LLC v. Secretary of the Army, Fed. Cir. 2019-1619
GAO Jurisdiction Inoperative If the Agreement is Cooperative; Tactical Solutions International, Inc., GAO B-418748
FAR Proposed Rule – Policy on Joint Venture
ASBCA Drops a Knowledge Bomb on the Navy, Succinctly Explains Summary Judgment Standard in Claims Appeal; Appeal of Chugach Federal Solutions, Inc, ASBCA No. 61320
“Look What You Made Me Do”: Agency’s Discussions Did Not Coerce Protester Into Raising Its Price; Quality Control International, LLC v. United States, COFC No. 20-37C
DFARS Proposed Rule – Data Collection on Service Contracts
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