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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.
Protestor Not Credited for Unacceptable Contract Reference And Downgraded For Proposing Inadequate Training Staff; GAO B-414770 et al, ANHAM FZCO
Protestor’s Failure to Provide Requested Documentation Results in Exclusion From The Competitive Range; GAO B-414074.5, Bannum Inc.
Protestor Fails to Establish That Its Exclusion from The Competitive Range Resulted from Solicitation’s Latent Defect; GAO B-415021, Point Blank Enterprises Inc.
OHA Chooses NAICS Code When Neither Party is Correct; SBA No. NAICS-5855, BLB Resources, Inc.
Unfair Advantage from Hiring Former Agency Officials Cannot be Waived Under FAR 9.5, but Protest Denied Where Agency Thoroughly Examined Possible Advantage and Found None; GAO B-412278.7, Northrup Grumman Systems Corporation
Unsolicited Capability Statement Fails to Cure Protestor’s Materially Deficient Bid; GAO B-415490, Reagent World Inc.
CRS Examines FY2018 National Defense Authorization Act
Agency’s Source Selection Decision Relies on Key Discriminator Not Mentioned Until Best Value Determination; GAO B-414886 et al, AT&T Corporation
Unqualified Offeror Lacks Standing to Protest Sole Source Award; COFC No. 17-115C, CliniComp International, Inc. v. United States
Contractual “Day” Means “Calendar Day”; ASBCA No. 61157, Family Entertainment Services, Inc.
Ostensible Subcontractor Rule Inapplicable When Prime and Sub Have Identical Size Status; GAO B-414966, Kodiak Base Operations Services LLC
Final Rule Officially Removes Fair Pay and Safe Workplaces Regs from FAR
Right to Withhold Rental Payments on Terminated Lease Creates a Sum Certain and Converts Termination Letter to Claim; COFC No. 17-171 C, Goodsell v. United States
Agreement with Surety Bond Holder Does Not Waive Contractor’s CDA Rights; ASBCA Nos. 60462, Ikhana, LLC
Protester Does Not Need Current Contract to Challenge Insourcing Decision; COFC No. 17-824C, Loomacres Inc. v. United States
Offeror Fails to State A Claim Against Government For Misevaluating And Misappropriating Proprietary Information From His Unsolicited Proposal; COFC No. 17-417C, Brian X. Scott v. United States
OHA Confirms Size Eligibility Is Determined on Date for Initial Offers, Not Date for Final Proposal Revisions; SBA No. SIZ-5851, Stellar Innovations and Solutions Inc.
Agency’s Attempt to Shift Its Contractual Responsibility to Execute Utility Agreement Breaches Implied Duty of Good Faith and Fair Dealing and Causes Performance Delay; COFC 13-1023 C, MW Builders Inc. v. United States
Attempted Retraction of Online Bid Unsuccessful Where IFB Terms Clearly Precluded Retraction, and Offeror Failed to Conduct Due Diligence Before Bidding; U.S. Court of Federal Claims Case No. 16-420C, Zebel LLC v. United States
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