Monday, September 21, 2020

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GSA Reasonably Evaluated Awardee’s Ability to Comply with Zoning Law; Huffman Building P, LLC,...

Protest challenging agency’s price evaluation and responsibility determination is denied. GSA awarded a lease contract. The protester alleged that GSA failed to consider relocation...

Contractor Unable to Convince ASBCA to Retain Jurisdiction Over a Moot Dispute; Appeal of...

Appeal challenging contractor’s marginal CPARS ratings is dismissed for lack of jurisdiction. The contractor appealed its marginal ratings alleging they were inaccurate. While the...

Agency Did Not Err In Assigning Procurement NAICS Code for Services Even Though Contract...

Protest challenging NAICS code assigned to procurement is denied. The agency assigned an NAICS code for services to the procurement. The protester asserted that the procurement was primarily for supplies and thus should have been assigned an NAICS code for supplies. OHA agreed that the procurement was primarily for supplies. Nonetheless, when supplies must be […]
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Landlord of Post Office Unable to Foist Hurricane Damages Costs Onto Postal Service; Valdes...

Contractors’ appeal of Postal Service’s claim to recover damages to a post office is denied. A hurricane damaged a post office building that the Postal Service leased from the contractors. The Postal Service repaired the damage and then sought to recover the repair costs from the contractors. The contractors argued they were not liable for […]
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Protester Claims Mistaken Labor Rates Were a Mere Clerical Error, But GAO Finds Mistaken...

Protest challenging offeror’s exclusion from the competition is denied. The protester mistakenly proposed labor rates below a minimum floor set by the solicitation. The...

ASBCA Affirms Liberal Construction of Notice of Appeal Requirements, Finds Parties’ Joint Status Report...

The contractor filed a formal notice appeal after the 90-day deadline for filing an appeal with the ASBCA. Despite this, the board determined it...

Absence of Express Language Requiring Payment for the Last 20 Years of a 50-Year...

Appeal contesting the government’s interpretation of a contract’s payment provision is denied. A state utility had a contract with the government under which it agreed to pay the government for excess energy generated by a government-owned power plant. The contract had a 50-year term. But the parties had only expressly agreed to a payment rate […]
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Agency Entitled to Reject Proposal that Did Not Adequately Identify Required Key Personnel; Artek...

Protest challenging rejection of offeror’s proposal after the first phase of evaluation is denied. GAO found that the agency reasonably rejected the protester’s proposal...

Ambiguity in Contract Concerning Government Furnished Equipment Precludes Summary Judgment on Contractor’s Claim; Appeal...

Contractor’s and government’s cross-motions for summary judgment on contractor’s claim are denied. The government contended the contractor was required to provide phones as part of a construction project. The contractor claimed the phones were government furnished equipment. The board found that the contract was ambiguous. Some provisions provided that the contractor had to supply the […]
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Small Business’s Acquisition of Eyeglasses Manufacturer Negated Potential Violation of Nonmanufacturer Rule; Size Appeal...

Appeal of size determination finding that awardee qualified as a small business is denied. The protester alleged the awardee violated the nonmanufacturer rule because it was not the final manufacturer of the eyeglasses required under the contract; rather, the awardee planned to subcontract with a manufacturer to supply the eyeglasses. But after submitting its initial […]
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