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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.
Size Matters, But Timing Matters More. OHA Remands For New Size Determination Based On Final Proposal Revisions
No Missiles or Spacecrafts, No Fun: OHA Refused to Apply Missiles and Spacecraft Exception to NAICS Code
Try Again: OHA Tells SBA to Reanalyze Small Business’s Affiliates
Protester Had Standing to Challenge Commerciality Determination, But Its Arguments Fell Short
OHA Doesn’t Trust Unfinished Trusts
Protester Brought a Litany of Arguments. GAO Denied Them All.
GAO Sustains Protest, Says Set-Aside Decision Relied on Incomplete Market Research
Protester Challenged Weaknesses Assessed to Its Proposal. GAO Didn’t Find Protester’s Arguments Compelling.
Don’t Wait Seven Weeks to Request Reimbursement of Protest Costs
The Board Has Its Limits. CBCA Dismisses Counterclaim for Lack of Jurisdiction
Sometimes Both Interpretations Are Reasonable. COFC Says Lease Dispute Will Have to Go to Trial.
Contractor Thought Government Should Pay for Post-Award Revisions. ASBCA Thought Not.
Kafkaesque Levels of Bureaucratic Inertia and Equivocation Will Not Toll the CDA’s Statute of Limitations
ASBCA Says It Has Jurisdiction Despite a Clause Vesting Dispute Resolution Elsewhere
SBA Flags One Way a Proposal Violates the Ostensible Subcontractor Rule
Protester Thought Agency Had Missed Some Strengths Identified by an Individual Evaluator. GAO Didn’t See It that Way.
Protester Thought Proposal Revisions Were Optional. The Protester Was Mistaken
Protester Attacks Legality of Tiered Evaluations. GAO Was Not Persuaded.
Protester Claimed Agency Couldn’t Assess Price Reasonableness Through a Price Comparison Because One Price Was an Outlier? Why Did COFC Think a Comparison Was Acceptable?
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