Saturday, July 31, 2021

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Just Because the Agency Selected the Lowest-Priced Proposal Doesn’t Mean It Conducted an LPTA...

Protest objecting to agency’s evaluation and source selection decision is denied. The protester argued that it should have received more strengths and higher adjectival ratings. GAO found that these arguments amounted to disagreement with the agency’s evaluation conclusions. The protester challenged the source selection decision, arguing that the agency had turned a best-value determination into […]
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Protester Lacked Standing to Protest Because Its Proposal Contradicted the Solicitation; Asset Protection &...

Appeal of COFC order dismissing a protest for lack of standing is affirmed. The protester challenged an award, but the COFC found that the...

Agency Reasonably Credited Awardee for Its Access to the “Twitter Firehose”; Babel Street, Inc.,...

Protest challenging the evaluation of proposals is denied. The protester alleged the agency unreasonably evaluated the relevance of its past performance references. GAO found the evaluation was reasonable; the protester’s previous contracts involved significantly fewer users and lower values than the solicited effort. The protester alleged the agency applied unstated criteria by crediting the awardee […]
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Evidence Talks, Wishy-Washy Insinuation Walks: Protester Alleges PIA Violation But Prevaricates When Pressed for...

Protest alleging that agency failed to properly investigate a violation of the Procurement Integrity Act is dismissed. While proposals were being evaluated, the protester...

Protester Can’t Convince GAO that Weakness Assessed to Awardee Should’ve Been a Deficiency; Agile-Bot...

Protest challenging agency’s evaluation of quotations is denied. The protester alleged that a weakness assigned to the awardee should have been a disqualifying deficiency. But GAO reasoned that the agency had assessed a weakness to the awardee for a requirement that was not a minimum technical requirement. Thus, a failure to comply with that requirement, […]
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Proposal that Failed to Adequately Address “the Who, What, When, Where, Why, and How”...

Protest challenging agency’s evaluation and failure to conduct discussions is denied. The protester argued that the agency erred in assigning its technical approach a deficiency. But GAO found that the deficiency was justified. The protester’s approach contained inconsistencies and did not explain how the protester could perform the requirement with less staff than the agency […]
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Protester May Have Possessed Experience Comparable to Other Offerors, But the Protester Failed to...

Protest objecting to agency’s evaluation of proposals is denied. The protester alleged, in various ways, that the agency had disparately evaluated proposals. GAO found that the disparate ratings were justified by (1) material differences in the proposals, or (2) the protester’s failure to affirmatively demonstrate that the features in its proposal were similar to the […]
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Court Questions Agency’s Reasoning But Nonetheless Finds that Decision to Limit Scope of Corrective...

Protests challenging agency’s decision to limit the scope of corrective action are denied. Following initial protests, the agency took corrective action but limited the corrective action to the evaluation of cost proposals only; offerors were not allowed to revise technical proposals. The protesters alleged the limitation lacked a rational basis because they could not revise […]
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Agency Not Required to Conduct Discussions for Concerns Introduced in Proposal Revisions; Qwest Government...

Protest challenging the conduct of discussions is denied. The protester alleged the agency conducted misleading that failed to advise the protester about the agency’s concerns. GAO found that the discussions sufficiently led the protester to the areas of concern. Moreover, some of the agency’s concerns arose after proposal revisions. An agency is not obligated to […]
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Agency Didn’t Act in Bad Faith When, After Receiving Bids, It Conducted Additional Market...

Protest alleging that agency acted in bad is denied. After receiving the protester’s final proposal, the agency decided to conduct additional market research and...