Saturday, October 16, 2021

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Employee of Subcontractor Can’t Prove He Had an Implied-in-Fact Contract with the Government; Frank...

Government’s motion to dismiss claim alleging breach of implied contract is granted. The plaintiff had been the employee of a subcontractor working at a...

Awardee Satisfied Solicitation’s Certification Requirement; First American Business Solutions, GAO B-420002

Protest alleging that agency should have found awardee technically unacceptable is denied. The protester contended that the awardee lacked a services agreement from the original equipment manufacturer required by the solicitation. GAO, however, noted that the solicitation only required offerors to certify that they authorized by the manufacturer. The awardee had certified that it had […]
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Agency Disregarded Solicitation, Conceived of a Different Cost Evaluation Method, and Failed to Meaningfully...

Protest alleging agency muffed the evaluation of costs is sustained. The protester contended agency failed to evaluate transportation costs in accordance with the solicitation. GAO agreed. The evaluators came up with their own method to evaluate transportation costs. GAO found that this method did not actually capture each offeror’s transportation costs. Thus, not only did […]
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“Why’d You Have to Go and Make Things So Complicated?”: Certification Requirement in Solicitation...

Protest challenging the solicitation’s terms as unduly restrictive is denied. The protester alleged that a certification requirement was too restrictive. GAO noted that it has found certification requirements unduly restrictive. But in those cases, the sole reason for the certification was that it was needed for performance. In this case, the agency was using the […]
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GAO Reaffirms Difference Between Experience and Past Performance—Offeror Can Have High Experience Rating While...

Protest objecting to the evaluation of proposals is denied. The protester challenged strengths and weaknesses assigned to its proposal. GAO found that the strengths...

Agency Reasonably Found that Past Performance in Hawaii, Alaska and Guam Was More Relevant...

Protest objecting to the evaluation of the past performance is denied. The solicitation sought services in both the continental U.S. and Europe. The protester complained that the agency had found its past performance references more relevant for the U.S region than it did for Europe. GAO reasoned that while the same performance work statement covered […]
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COFC Stands Athwart the Tide of Blue & Gold Creep and Says “Stop”; VS2,...

Protest challenging agency’s decision to make a new award in light of a GAO decision is granted. After an initial award, GAO sustained a...

No Latent Ambiguity When Protester’s Interpretation of Solicitation Didn’t Actually Differ From Agency’s; AlterG,...

Protest challenging the rejection of the protester’s quotation is denied. The solicitation sought a treadmill. The protester alleged the solicitation contained a latent ambiguity concerning the running surface of the treadmill. GAO found that the protester, however, understood the meaning of “running surface” in the solicitation. The protester’s understanding of that term was the same […]
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“Oh Well, Whatever, Nevermind”: Agency’s Lackluster, Slapdash Evaluation Can’t “Withstand Logical Scrutiny”: Marquis Solutions,...

Protest alleging that agency failed to meaningfully evaluate quotations is sustained. The agency found the protester’s quotation unacceptable due to a lack of detail....

Agency Asked Awardee to Add Costs Related to COVID-19 Pandemic, But This Didn’t Mean...

Protest alleging that agency should have cancelled the solicitation due changed requirements is denied. After receiving proposals, the agency issued an amendment to the...