Thursday, April 15, 2021

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GAO Finds that Protest Is Essentially an Untimely Request for Reconsideration; VS2, LLC, GAO...

Protest challenging agency’s award of a contract following a previous protest is dismissed. GAO found the new protest was essentially a request for reconsideration of the previous protest. GAO reasoned that the new protest did not provide a basis for reconsideration. The protester either restated arguments from the previous protest or asserted new arguments it […]
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Protester Not Prejudiced by Agency’s Waiver of Material Solicitation Requirement; Gemini Tech Services, Inc.,...

Protest challenging agency’s evaluation of the awardee is denied. The protester asserted that the awardee’s proposal was unacceptable due to a failure to provide information required by the solicitation. GAO found that the agency had waived the requirement in question and that the protester had not been prejudice by the waiver. The protester alleged that […]
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Protester’s Proposed Personnel Greatly Exceeded RFP’s Experience and Education Requirements, But Agency Found them...

Protest challenging agency’s evaluation of proposals is denied. The protester alleged the awardee’s proposal did not meet the solicitation’s requirements for security clearances. GAO...

Court Rejects Bait-and-Switch Allegation Because Argument Was Premised on Conjecture; The Severson Group, LLP...

Protest challenging the award to a state licensing agency under the Randolph-Sheppard Act is denied. The protester argued that the evaluation of the awardee’s staffing plan was flawed because the awardee’s proposed staffing diverged from the historical labor hours. The court, however, found that historical labor hours had been provided for informational purposes; offerors did […]
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GAO Finds that Protester Misinterpreted the Meaning of “Gloves”; Global-PPE, Inc., GAO B-419536

Protest challenging protester’s elimination from the competition is denied. The solicitation sought 60 million exam gloves for immediate delivery. The agency rejected the protester’s quotation because the protester only proposed 5 million gloves for immediately delivery. The protester argued that the requirement for immediate delivery only applied to the gloves it had on hand at […]
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Proposal Undone by Protester’s Failure to Identify Deficiencies in the Agency’s Project Design; BB...

Protest challenging deficiency assessed to proposal is denied. The agency assessed a deficiency to the protester because its proposal failed to demonstrate understanding of an agency seed project. GAO found the deficiency was reasonable. The proposal lacked detail with respect to the project design. Moreover, the protester had failed to identify problems in the agency’s […]
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Agency Made an Improper Upward Adjustment to Contractor’s Probable Costs; Vectrus Mission Solutions Corporation;...

Protest challenging agency’s upward adjustment of protester’s probable costs is sustained. The protester alleged the agency had erred in making the adjustment because its proposal made a legally binding promise to absorb certain costs. GAO agreed with the protester. When a firm caps particular costs to limit the government’s liability, any upward adjustment to the […]
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Protester Unable to Prove that Awardee’s Staffing Approach is Unacceptable; ISS Action, Inc., GAO...

Protest alleging that agency should have found awardee’s proposal unacceptable is denied. The protester alleged that the awardee’s project manager, who was employed by a subcontractor, lacked authority to act on the awardee’s behalf. GAO, however, found that nothing prevented the awardee from delegating authority to an employee of its subcontractor. The protester also alleged […]
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Quotation Was Unacceptable Because It Proposed an Item that Had Been Removed from the...

Protest objecting to the elimination of the protester’s proposal as unacceptable is denied. The agency issued an RFQ to holders of FSS contracts for furniture. The protester offered an item that GSA had removed from its FSS contract. An agency may not use the FSS procedures to purchase items that are not listed on a […]
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Protester Can’t Overcome Performance Issues on Incumbent Contract; Datapath, Inc., GAO B-419323.3, B-419323.4

Protest challenging agency’s past performance evaluation is denied. The protester alleged the agency ignored problems with the awardee’s past performance. GAO found that the...