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Agency Allowed Ample Time for Protester to Respond to Solicitation; GAO B-416381.4, AeroSage LLC
Contract Clearly Required Claims to be Submitted Within Two Years of Termination; ASBCA No. 61464, Appeal of Expresser Transport Corporation
Protester Tried to Shift Burden of Acquiring Software License to Agency; GAO B-416753, Spatial Front Inc.
Low Price Not Evidence That Awardee’s Staffing Too Low; GAO B-415311.7, Thomas Solutions Inc.
Agency Not Required to Find CPARS to Validate Offeror’s Experience; GAO B-416771, Parsons Government Services Inc.
Agency’s Corrective Action Not Designed to Benefit Earlier Protester; GAO B-416786.2, RTW Management
IDIQ Solicitation Lacked Information to Support Detailed JV Agreement; SBA No. SIZ-5964, Size Appeal of Spinnaker Joint Venture LLC
Newly-Organized Concern Rule Inapplicable When Awardee’s Principal Had No High-Level Role or Authority to Control Former Company; SBA No. SIZ-5970, Size Appeal of TelaForce LLC
War Risk Clause Does Not Cover Every Risk of Harm or Delay; CBCA 3506, First Kuwaiti Trading and Contracting W.L.L. v Department of State
Protester Can’t Talk Its Way Out of Providing Information Provided by Solicitation; GAO B-416899, Energy by Native American Design LLC
Authorized Software Reseller Need Not Have Direct Relationship with Manufacturer; GAO B-416914, Illustrious Consultants
FAR Did Not Preclude Contractor From Requiring Cost/Pricing Data from Subcontractor to Substantiate REA; ASBCA No. 57530, Appeals of Kellogg Brown & Root Services Inc.
Significant Changes to Protester’s Overhead Rates Renders Historical Data Unreliable; GAO B-416711, Tatitlek Technologies Inc.
Protester Had Clear Notice That Accepting Award Under One Solicitation Would Preclude Award Under Second; COFC No. 18-1260C, RMGS Inc. v. United States and PAE Government Services Inc.
Appellant Adequately Argued Existence of Bilateral Contract; ASBCA No. 61670, Appeal of Delta Industries Inc.
Board Declines to Dismiss Defective Claim; ASBCA No. 61547, Appeal of WIT Associates Inc.
The Three Most Important Bid Protest Decisions of 2018
Awardee Did Not Make Use of Protester’s Proprietary Information to Gain Competitive Advantage; CAFC 2018-1209, DynCorp International LLC v. United States, AAR Airlift Group Inc.
Board Has No Jurisdiction to Consider Punitive Damages; ASBCA No. 61379, Appeals of John Shaw LLC d/b/a Shaw Building Maintenance
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