Sunday, September 27, 2020

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All Things Protest: New Year’s Resolutions on Corrective Action (January 2020)

Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, hosts Christian Curran, Olivia Lynch, and Rob Sneckenberg, discuss important issues contractors should consider when faced with corrective action in […]
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SDVOSB Set-Aside or Not? GAO Sustains Protest of Ambiguous VA Solicitation

A procurement may not be set aside for SDVOSB concerns without also including mandatory VA set-aside VAAR provisions, including the limitation on subcontracting. In a recent bid protest decision, the GAO held that a solicitation was flawed where the cover sheet indicated that the solicitation would be set aside for SDVOSBs, but the solicitation omitted […]
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Appeal Fails Based on Unreasonable Interpretation of Answer to Pre-Bid Question; COFC No. 14-1196C,...

Appeal of the agency’s denial of a request for equitable adjustment is denied, where the contractor unreasonably interpreted the agency’s response to a pre-bid question, and assumed that all materials found on-site would be suitable for use as backfill. Senate Builders and Construction Managers Inc. filed a claim to recover the costs it incurred importing […]
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EU Lawmakers Push for Cybersecurity, Data Audit of Facebook

European Union lawmakers appear ready to demand audits of Facebook by Europe’s cybersecurity agency and data protection authority, in the wake of the Cambridge Analytica scandal. A draft resolution submitted to the EU Parliament’s civil liberties and justice committee urged Facebook to accept “a full and independent audit of its platform investigating data protection and […]
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Solicitation Allowed For, But Did Not Require, More than One Award After Initial Evaluation...

Protest arguing that the agency was required to make two awards after the initial evaluation phase is denied, where the solicitation allowed the agency to make up to three awards but did not require any specific number of contracts to be awarded; and protest that the agency failed to complete the second phase evaluation is […]
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Five Days Not Enough Time for Board to Render Decision on Petition; CBCA 6017,...

Request for CBCA to direct a contracting officer to issue a final decision on a claim within five business days is denied, where the petitioner’s requested deadline would not allow time for the government to respond nor the board to consider the parties’ arguments, and where the request is not a result of urgent need. […]
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Parties Unable to Resolve Discovery Disputes Without Court Help; COFC No. 15-348C, Kansas City...

The government’s motion to compel discovery is granted in part, where the plaintiff has waived work-product and attorney-client privilege by sharing documents related to an earlier lawsuit with third parties, and where some of the withheld information did not pertain to obtaining legal advice. The motion is denied in part, where the government did not […]
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GAO Finds Eight Days Insufficient for FPR Response

Crowell & Moring – In a recently published decision, MCR Federal, LLC, GAO sustained a protest challenging the required response date for final proposal revisions in a task order procurement. Specifically, as part of its voluntary corrective action in response to an earlier post award protest by MCR, the agency issued MCR two “interchange notices” stating […]
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COFC Reverses Opinion Denying Costs to Fuel Contractor After Breach of Contract Win in...

Motion for reconsideration of a prior decision denying plaintiff’s claims for fuel characterization costs is granted, where the Federal Circuit established precedent that the costs were a component of costs it previously awarded and were therefore allowed. In an earlier case, System Fuels Inc., System Energy Resources Inc., South Mississippi Electric Power Association, and Entergy […]
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Approach that Goes Beyond Solicitation Requirement Ends Up Convincing Agency that Offeror Does Not...

Protest challenging agency’s evaluation of technical and management approaches and its investigation of an OCI is denied. The protester argued it had been wrongly penalized for failing to demonstrate its understanding of a technical requirement for surge support. GAO found that the protester had demonstrated that it understood the intended use of the surge support; […]
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