Sunday, February 28, 2021

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‘Tis But a Solecism by the Amanuensis: Alleged Relaxation of Solicitation Terms Really Just...

Protest challenging the price evaluation and the conduct of discussion is denied. The protester argued that the agency’s price reasonableness evaluation was flawed. But...

Agency Inadequately Documented Assessment and Disparately Evaluated Proposals But Protester Wasn’t Prejudiced; Equinoxys, Inc.,...

Protest challenging agency’s evaluation of the protester’s proposal is denied. The protester alleged that the agency failed to adequately document its evaluation and disparately evaluated proposals. GAO agreed, finding that the agency failed to explain it evaluation conclusions, and that it unequally assigned strengths and weaknesses. Nevertheless, GAO found that the protester had not been […]
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Protester Unable to Demonstrate Adequacy of Its Accounting System; InterImage, Inc., GAO B-414104.47

Protest challenging agency’s elimination of protester’s proposal is denied. The agency found that the protester had not sufficiently demonstrated the adequacy of its accounting system as required by the solicitation. GAO agreed with the agency. The solicitation required offerors to show they had an audited accounting system. The protester allegedly had an audited system but […]
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Agency Did Not Err in Calculating Protester’s Work Allocation; CMSoft, Inc. GAO B-419370

Protest objecting to the rejection of proposal submitted under the Small Business Technology Transfer program is denied. The solicitation required an offeror to propose an effort in which a research institution performed no less than 30 percent of the effort. The agency found that in the protester’s proposal, the research institution was slated to perform […]
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Agency Reasonably Concluded that Typos in Proposal Created Concerns About Protester’s Quality Control; Epsilon,...

Protest alleging that agency botched evaluation of proposals is denied. The protester alleged the agency disparately evaluated offers by assigning the awardee a minor...

Agency Appropriately Assessed a Weakness to a Past Performance Reference that was Nine Months...

Protest objecting to agency’s past performance evaluation and conduct of discussions is denied. The protester complained that it had been unreasonably penalized for submitting a past performance project that had not been completed. GAO found the weakness was warranted because in addition to being incomplete, the referenced project had exceeded proposed costs and was nine […]
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Protester Can’t Challenge Awardee’s Post-Award Transition Plan; Mission1st Group, Inc., GAO B-4129369.2

Protest challenging various aspects of the evaluation is denied. The protester alleged the awardee took exception to the solicitation because its post-award staffing plan did not satisfy solicitation requirements. GAO, however, reasoned that challenges to an awardee’s compliance with transition-related requirements raise matters of contract administration that are not considered in a bid protest. The […]
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Agency Entitled to Consider Experience of Key Personnel to Fill Gaps in Offering Entity’s...

Protest alleging that awardee lacked required experience is denied. GAO reasoned that an agency may properly consider the relevant experience and past performance of key individuals. Here, while the offering entity itself did not have experience required by the solicitation, the entity’s vice president possessed the required experience. The agency was allowed to consider that […]
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No Problem with Agency Rejecting Proposal that “Lacked Most Components of an Offer”; Eskanos...

Protest challenging the agency’s rejection of the protester’s offer is denied. The protester submitted an incomplete proposal that lacked several documents required by the solicitation. GAO found that the proposal lacked the components of a valid offer. GSA posted an advertisement on the System for Award Management seeking expressions of interest in a lease of […]
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ASBCA Denies Claim Premised on a Reading of the Film “The Magnificent Seven”; Appeals...

Claim challenging a termination for default and seeking delay damages is denied. The contractor claimed that it was entitled to an extension of the...