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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.
No Problem With SSEB Member Providing Past Performance Information on Offerors; EFW, Inc. v. United States, COFC NO. 20-92C
Requirement that Agency Review Realism of Low Labor Rates Did Not Preclude It from Assessing Realism of All Proposed Rates; Agile Defense, Inc. v. United States, Fed Cir. 2019-1954
Agency Entitled to Recognize Assignment of Government Contract to Surety Despite Anti-Assignment Acts; Mayberry Enterprises, LLC. v. Department of Energy, CBCA 5961, 6322
New Legal Theories Alleged on Appeal, Which Relied on the Same Facts as the Underlying Claim, Did Not Amount to a New Claim; Appeals of Ken Laster Company, ASBCA Nos. 61292, 61828
Agency Reasonably Rejected Proposal That Did Not Include Required Cost Information; AECOM Management Services, Inc., GAO B-418467 et al.
Proposed Rule: Good Faith in Small Business Subcontracting
Protester that Can’t Show It’s a Successor to Company that Bid on Solicitation Lacks Standing to Protest; Centerline Logistics Corp. v. United States, COFC No. 20-483C
Agency Conducted Misleading Discussions But Protester Was Not Prejudiced; Acuity-Exemplar, JV, GAO B-418428
Class Deviation—Prohibition on Procurement of Foreign-Made Unmanned Aircraft
Anchored Down in Anchorage: “Innovative Partnership” Agreements Between Government and Municipality Are Valid, Binding Contracts; Anchorage v. United States, COFC No. 14-166C
Dial D for Denied: Solicitation Seeking Brand Name or Equal Cellular Services Not Unduly Restrictive; T-Mobile USA, Inc., GAO B-418394
“Two Worlds Collided, and They Will Never Tear Us Apart”? Protester’s Sole Successful Protest Argument Was Severable From Its Unsuccessful Arguments; Peraton, Inc.—Costs, GAO B-417358.3
Protester’s Counsel Disqualified Due to Previous Representation of Another Offeror; Quantico Tactical Inc. v. United States, COFC Nos. 20-120C & 20-150C
Agency’s Email to Contractor Constituted Sufficient Preliminary Notice of Intent to Exercise Option; Cooper/Ports America, LLC. v. Secretary of Defense, Fed. Cir. No. 2019-1692
No Ambiguity When Protester’s Alternative Interpretation of Solicitation’s Terms Is Unreasonable; Bastion Technologies, Inc., GAO B-418432
Class Deviation—Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation
“He’s Just Not that Into You”: Navy Justified In Rejecting Protester’s Helicopter Design; Airbus Helicopters, Inc., GAO, B-418444, B-418444.2
Agency Reasonably Concluded Lower Value Reference Still Relevant to Requirement; GAO B-417852.2, SecTek, Inc.
Agency Reasonably Assessed Higher Risk Due to Lack of Past Performance for One JV Partner; GAO B-418397, ProSecure LLC
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