Sunday, April 5, 2020

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Agency Did Not Act in Bad Faith When It Terminated Contract with Out of...

Claim that agency terminated a contract in bad faith is denied. The claimant alleged that the agency acted in bad faith when it discontinued...

Protester Successfully Executes Doctrine of Mutual Offensive Collateral Estoppel in Size Appeal; Size Appeal...

Size Appeal alleging that awardee is not a small business is granted. The protester had filed an earlier status protest alleging that the awardee—a joint venture between a mentor/protégé— was not an SDVOSB. OHA had granted the appeal in that status protest. OHA noted that the requirements a mentor/protégé joint venture must satisfy to be […]
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DoD Memorandum Identifying Defense Industrial Base as Essential Critical Infrastructure

Ellen Lord, the Undersecretary of Defense for Acquisition and Sustainment, has issued a memorandum that identifies the Defense Industrial Base as a Critical Infrastructure...

Government Not Liable for Delays Caused By Protesters in South Korea; Appeal of Korea...

Claim alleging that the government breached an equipment lease is denied. The contractor leased equipment to the government . The contractor was obligated to...

GAO Lacks Jurisdiction Over Protest Alleging Improper Award of a Grant; R.B. Toth Associates,...

Protest challenging the award of a grant is dismissed for lack of jurisdiction. GAO generally does not have jurisdiction under CICA to hear challenges to the award of a grant. It will, however, consider protests alleging that the agency is improperly using a grant to avoid the procurement laws. In this case, however, the protester […]
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Protest Really Just an Untimely Request for Reconsideration; New Tech Solutions, Inc., GAO B-417965.3

Protest challenging the elimination of the protester’s previously successful proposal is dismissed. The protester had been previously awarded the contract. But GAO sustained a protest of that previous award. Following the GAO decision, the agency determined the protester was ineligible for award. The protester challenged the ineligibility determination. GAO found that the protest was, in […]
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DoD Issues Class Deviation on Submission of Interim Vouchers Under Classified Contracts

Effective immediately, in response to the Coronavirus Disease 2019 (COVID-19) national emergency, contracting officers shall direct contractors to submit interim vouchers under classified contracts,...

Agency’s Contemplation of Considerations Intrinsic to the Solicitation Did Not Amount to Application of...

Protest challenging agency’s past performance and price reasonableness evaluations as well as the best value tradeoff is denied. The protester argued that the agency...

Parties’ Disagreement as to Meaning of Solicitation Requirement Does Not Make Requirement Ambiguous; AECOM...

Protest alleging that the agency deviated from the solicitation’s evaluation criteria is denied. The protester argued that the solicitation required offerors to submit a comprehensive labor matrix. The government argued that the matrix only needed to be a framework. The protester contended that given the dueling interpretations, the labor matrix requirement must have been ambiguous. […]
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Froyo Company’s Attempt to Argue that Release Was Ambiguous Goes Down Like Cloying Combination...

ASBCA decision denying claim is affirmed. The ASBCA found that the contractor’s claim was barred by a release executed with the agency. On appeal,...
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