Articles
🔒 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.
Inaccurate Prediction of Future Workload Not a Mutual Mistake Allowing for Contract Reformation; ASBCA No. 60101, Appeal of SKE Base Services GmbH
Plaintiffs’ Allegation of Differing Site Conditions Undermined by Prime Contractor’s Acknowledgment of Those Conditions in Proposal; COFC No. 16-845 C, Walsh Construction Co., et al v. United States
Prevailing Contractor Not Entitled to Attorneys’ Fees When Agency’s Litigating Position Legally Justified; COFC No. 14-711C, Stromness MPO LLC v. United States.
Minority Members’ Businesses Irrelevant to Size Determination If Members Cannot Exercise Control; SBA No. SIZ-5960, Size Appeal of G&C Fab-Con LLC
Proposals Lacking Sufficient Detail to Demonstrate Technical Approach Don’t Survive Protest Scrutiny; GAO B-415960 et al, Credence Management Solutions, LLC; Advanced Concepts and Technologies International, LLC
Appellant Fails to Respond to Motion to Dismiss; SBA No. SIZ-5961, Size Appeal of DB Systems Tech Inc.
Federal Circuit Affirms COFC Ruling Directing VA to Apply Rule of Two Before Making Purchase through AbilityOne; CAFC 2017-2379, PDS Consultants Inc. v. United States, Winston-Salem Industries for the Blind
Appellant’s Own Release of Product Capabilities Undermines Claim Government Breached Technical Data Rights Clause by Publicly Sharing General Information; ASBCA Nos. 57784, Appeals of CANVS Corporation
Need to Maintain Critical Medical Equipment Support Sole-Source Award Decision; GAO B-416195, iMed Biomedical, Inc.
Product Literate Failed to Support Assertion that Proposed Products Were Brand Name or Equivalent; GAO B-416777, Government Scientific Source Inc.
RFP Required Prime and Subcontractors to Submit, Support Billing Rates; GAO B-415810.4, BTAS Inc.; Innovative Technologies Inc.
RFP Did Not Prohibit Agency From Considering Past Performance of Non-Significant Subcontractor; GAO B-416250.2, Advanced C4 Solutions Inc.
Poorly Written Organizational Chart Helps Sink Proposal; GAO B-414760.3, Biswas Information Technology Solutions Inc.
Letter of Intent to Negotiate Purchase Did Not Create Binding Agreement Supporting Finding of Affiliation; SBA No. SIZ-5953, Size Appeal of Telecommunication Support Services Inc.
Agency Warned Offerors that Discussion Responses Would Not Be Considered During Final Evaluation, but Must Be Incorporated Into FPRs; GAO B-410441.15, Jacobs Technology Inc.
Minority Owner’s Veto Power Over Extraordinary Actions Does Not Provide Negative Control Over Firm; SBA No. SIZ-5956, Size Appeal of Southern Contracting Solutions III LLC
Proposal Failed to Show Appellant Would Perform Any Vital Requirements or Provide Personnel for Contract Effort; SBA No. SIZ-5955, Size Appeal of Jacob’s Eye LLC
Agency Reasonably Assigned Weakness for Protester’s Failure to Explain Role of Proposed Advisory Committee, Even Though RFP Didn’t Require Such a Panel; GAO B-415940.12, Dewberry Crawford Group; Partner 4 Recovery
Flawed IGCE Does Not Render Price Reasonableness Evaluation Improper, When Agency Also Compares Offerors’ Pricing to Each Other; GAO B-415940.10, Dewberry Crawford Group; Partner 4 Recovery
Keep reading
