Friday, July 23, 2021

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Agency Failed to Justify Solicitation Restriction; GAO B-287578.2, COBRO Corporation

COBRO Corporation protested the Army Materiel Command’s decision, pursuant to Office of Management and Budget Circular No. A-76, that it would be more economical to perform T-53 series aircraft engine materiel management functions in-house rather than to contract for these services. GAO sustained the protest, finding that the solicitation inviting private-sector proposals erroneously required offerors to […]
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Agency Unreasonably Failed to Disclose Weight of Evaluation Factors; GAO B-288280, Finlen Complex Inc.

GAO sustained Finlen Complex Inc.’s protest of the Army’s award protests of a contract for meals, lodging, and transportation for military service applicants. Finlen successfully argued that the agency wrongly withheld the relative weight of the evaluation factors from the offerors, and specifically, wrongly withheld the fact that the past performance factor was worth only 5 […]
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Agency Improperly Rejected Offers Priced in Euros When Solicitation Required Pricing in Local Currency;...

GAO sustained a protest challenging the agency’s rejection of an offer priced in Euros. The solicitation required offers for security services in Greece to be priced in local currency, but the agency overlooked the fact that Greece had in fact adopted the Euro as its national currency. Read the full decision here
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Agency Improperly Ignored Awardee’s Exception to Material Requirement; GAO B-286607, Farmland National Beef

GAO sustained a protest challenging the award a contract for the delivery of beef products to Department of Defense commissaries, finding the agency overlooked language in the awardee’s proposal taking exception to the solicitation’s mandatory delivery schedule. Rather than adhere to the agency’s stated schedule, the awardee proposed a flexible schedule under which it would […]
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Agency Failed to Consider Significance of Technical Differences Between Awardee’s Proposal and Protester’s Higher-Rated...

Protest that agency’s source selection decision was unreasonable is sustained where the evaluation did not comport with the solicitation’s evaluation criteria and the source selection decision failed to reasonably assess the significance of the technical differences (in particular, the substantial difference in the proposed level of effort) between the lower-rated proposal of the awardee and […]
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Mechanical Comparison of Past Performance Scores Insufficient for Evaluation; GAO B-286597, OSI Collection Services...

Protests against award of federal supply schedule task order contracts for private collection agency services are sustained where the record shows that the contracting agency’s evaluation of offerors’ past performance, which largely relied upon a mechanical comparison of past performance scores for incumbent contractors, was unsupported and unreasonable. Read the full decision here
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Agency Rejects Protester’s Bid Due to Clear Error, but Made Award to Offeror Whose...

GAO denied a protest challenging the agency’s decision not to allow the protester to correct a mistake in its bid, finding that the invitation for bids clearly required five full-time positions, which the protester failed to propose. However, GAO found the agency made award to a bidder who had made the same mistake in its […]
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Protester Failed to Provide Adequate Contract References for Proposed Subs; GAO B-286599, Menendez-Donnell &...

GAO denied a protest, finding the agency reasonably determined the protester’s proposal was technically unacceptable under the experience and past performance evaluation factors, where the protester failed to submit required detailed information showing that its proposed key subcontractors had previously performed contracts similar to the solicited effort. Read the full decision here
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GAO B-286336, Hernandez Engineering, Inc.; ASR International Corporation

1. Protest that contracting agency improperly evaluated awardee’s past performance as “very good” is denied, even though the agency considered references of the awardee’s parent corporation in the past performance evaluation, where the solicitation did not require any specific minimum of reference questionnaire responses and the agency received a reference questionnaire response regarding a comparable […]
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Supreme Court: Adarand Constructors v. Slater

US SupCt, No.99-295, January 12, 2000. [Another decision in this long drawn out case. See the case for the facts and background.] On writ of certiorari to the 10th Circuit Court of Appeals, the Court reverses and remands to the 10th Circuit its decision which found the action to be moot. Finding that the 10th […]
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