Friday, July 3, 2020

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Supplemental Protest Alleging that Agency Failed to Identify Technical Strengths Is Untimely; Jacobs Polar...

Protest challenging agency’s costs realism analysis and technical evaluation is denied. The protester alleged the agency failed to evaluate the awardee’s unrealistically low costs. GAO found that the evaluation conformed to the solicitation, and that the agency reasonably concluded the awardee’s costs were realistic. The protester also alleged that the agency erred in not assigning […]
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Agency Reasonably Cancelled Solicitation that Did Not Satisfy Its Needs; Alliance Technology Group, LLC,...

Protest challenging the cancellation of a solicitation is denied. The protester argued that the agency cancelled the solicitation as a pretext to avoid completing...

No Costs for Unsuccessful Protest Arguments That Were Not Related to or Intertwined with...

Request for reimbursement of protest cost is, for the most part, denied. As part of an outcome prediction ADR, GAO advised that it was likely to sustain a protest ground alleging misleading discussions. Following corrective action, the protester requested that GAO recommend reimbursement of protest costs for all the arguments asserted in the protest. GAO, […]
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“But First, Are You Experienced?”: Agency Justified in Rejecting Proposal Due to Lack of...

Protest challenging agency’s evaluation of corporate experience is denied. The protester alleged the agency applied unstated criteria when it penalized the company for lacking...

Allegation that Awardee’s Proposed Item Are Not Energy-Efficient Fizzles; Alvarez, LLC, GAO B-418367.6, B-418367.7

Protest alleging that awardee’s proposed item failed to satisfy solicitation’s energy efficiency requirements is denied. The protester argued that an item proposed by the awardee was not listed on the Energy Star website as an energy efficient model. GAO found that the item had been listed at the time the awardee submitted its proposal. It […]
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Federal Circuit Holds that Protest Challenging Agency’s Disclosure of Information to Offerors Is Barred...

Appeal of a COFC decision denying a protest is vacated. The protester alleged that the agency had disclosed competitively sensitive information to some offerors,...

“It’s Too Late, Baby Now, It’s Too Late, Though We Really Did Try to...

Protest challenging agency’s price realism evaluation is dismissed as untimely. The protester contended that the agency capriciously selected a deviation factor for assessing price realism. GAO found that this argument was an untimely challenge to the terms of the solicitation. The protester argued that the agency should have requested price breakdown’s before excluding unrealistic proposals. […]
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Agency’s Price Reasonableness Evaluation Disregarded Solicitation and the FAR; Dyncorp International LLC v. United...

Protester's motion for judgment on the administrative record on protest ground challenging agency’s price reasonableness analysis is granted. The solicitation required the agency to...

Agency’s Use of Permissive Rather than Preferred Price Analysis Techniques Not a Perversion of...

Protester’s objection to agency’s corrective action is denied. The court had found that the protester was likely to prevail on the merits of its challenge to the agency’s price reasonableness evaluation. Consequently, the agency took corrective action to conduct a new reasonableness evaluation. The protester objected to the new evaluation, arguing that the agency failed […]
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Protester Can’t Tout Its Subcontract with the Incumbent In Its Proposal and then Cry...

Protest challenging the evaluation of proposals is denied. The protester alleged that the agency had applied unstated criteria by considering problems with the incumbent’s...