Friday, July 3, 2020

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Agency Did Not Err in Using the Incumbent’s Quote to Establish the Government Estimate;...

Protest challenging the agency’s evaluation of price reasonableness is denied. The protester alleged the agency had unreasonably formulated the government estimate based on a quote from the incumbent. The protester contended the incumbent’s quote was self-serving and inaccurate. GAO found, however, that an agency is entitled to consider a quote from a competitor is assessing […]
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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...

Agency Not Required to Identify Board to Which Claimant May Appeal; Mahavir Overseas v....

Appeal of agency claim is dismissed as untimely. The agency issued a final decision asserting a claim against a contractor, seeking reimbursement for defective items. The contractor asked the agency where it could appeal the decision. The agency notified the contractor that it could appeal to the CBCA after the 90 day appeal had passed. […]
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OHA Reverses SBA Area Office, Finding It Misapplied Ostensible Subcontractor Rule; Size Appeal of...

Appeal of SBA Area Office size determination is granted. The protester contended that the awardee of an SDVOSB set aside was affiliated with a large business under the ostensible subcontractor rule. The SBA Area found no affiliation. On appeal, however, OHA found that the Area Office misapplied the ostensible subcontractor rule. The rule sets forth […]
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Contractor Does Not Act Under Authority of or as Proxy for Government; HEALTHeSTATE, LLC...

Third party defendant’s motion to dismiss for lack of subject matter jurisdiction is denied. The plaintiff sued the government in the COFC for copyright...

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,...