Sunday, April 5, 2020

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Protest Really Just an Untimely Request for Reconsideration; New Tech Solutions, Inc., GAO B-417965.3

Protest challenging the elimination of the protester’s previously successful proposal is dismissed. The protester had been previously awarded the contract. But GAO sustained a protest of that previous award. Following the GAO decision, the agency determined the protester was ineligible for award. The protester challenged the ineligibility determination. GAO found that the protest was, in […]
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Agency’s Contemplation of Considerations Intrinsic to the Solicitation Did Not Amount to Application of...

Protest challenging agency’s past performance and price reasonableness evaluations as well as the best value tradeoff is denied. The protester argued that the agency...

Parties’ Disagreement as to Meaning of Solicitation Requirement Does Not Make Requirement Ambiguous; AECOM...

Protest alleging that the agency deviated from the solicitation’s evaluation criteria is denied. The protester argued that the solicitation required offerors to submit a comprehensive labor matrix. The government argued that the matrix only needed to be a framework. The protester contended that given the dueling interpretations, the labor matrix requirement must have been ambiguous. […]
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COFC Finds that Protesters’ Motion to Complete Administrative Record Pretty Much a Fishing Expedition;...

Protesters’ motion to supplement or complete the administrative record is denied. The protesters failed to identify any specific documents that were missing from the record. Rather, the court found, the motion was effectively a request for documents that simply speculated about the existence of missing documents. The General Services Administration issued a request for lease […]
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GAO Declines to Review Certificate of Competency Referral; Precise Management, LLC, GAO B-418359

Protest challenging agency’s non-responsibility determination and referral to SBA under the Certificate of Competency process is dismissed. GAO generally does not have jurisdiction over protests challenging a Certificate of Competency referral. The protester’s challenge, which did not allege bad faith or failure to follow SBA regulations, failed to assert facts necessary to invoke GAO’s jurisdiction. […]
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Government Within Its Rights to Reject Lease Proposal that Lacked Viable Amenities; Poplar Point...

Protest challenging offeror’s elimination form the competition is denied. The agency sought to lease office on a site with certain amenities like restaurants and...

Agency Not Required to Evaluate Price Proposals Under Methodology Not Included in Solicitation; C&T...

Protest challenging the agency’s evaluation of the awardee’s price is denied. The protester alleged the awardee failed to propose surge pricing, but the argument was simply mistaken. The protester alleged the agency failed to evaluate price realism. The solicitation, however, contemplated a fixed-price contract and did not require a price realism analysis. Finally, the protester […]
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Protester Entitled to Costs For All Protest Grounds Related to Clearly Meritorious Argument; CWU,...

Request for recommendation of protest costs is granted in part and denied in part. The agency did not dispute that it delayed taking corrective action in response to a clearly meritorious protest. Nevertheless, the agency contended that the protester was only entitled to recover costs for those protest arguments that were clearly meritorious. GAO found […]
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GAO Sees No Problems With Agency’s Decision to Not Set Aside Procurement for Small...

Protest challenging agency’s decision to not set aside procurement for small business is denied. The agency conducted extensive market research and received capability statements from potential small business offerors. Having determined that only one small business was capable of performing the contract at a reasonable price, the agency’s decision to not set aside the procurement […]
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Protester That Submitted Deficient Proposal Lacks Standing to Challenge Cancellation of Solicitation; MCI Diagnostic...

Government’s motion to dismiss protest for lack of subject matter jurisdiction is granted. The protester challenged the agency’s decision to cancel a solicitation. The...
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