Saturday, July 31, 2021

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Challenge to Best Value Determination Withers Under GAO Scrutiny; Tuba Group, GAO B-419733

Protest challenging best value determination is denied. The protester alleged the source selection decision focused too much on price turning what should have been a best value determination into a lowest-price, technically acceptable shootout. GAO disagreed. The solicitation stated that non-price factors were equal to price. Here, multiple vendors submitted high quality quotations. Thus, the […]
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OHA: Ya’ Gotta File a Size Protest before Filings a Size Appeal; Size Appeal...

Size appeal is dismissed as premature. The protester filed a size appeal before seeking a size determination. OHA lacks jurisdiction to consider a size determination until a size determination has been issued. Caldaia Controls, LLC filed a size appeal with SBA’s Office of Hearings and Appeals. The appeal sated that it was appealing the award […]
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Agency Not Required to Explain Why It Found Aspects of Proposal Merely Adequate; Logistics...

Protest challenging agency’s evaluation and the conduct of discussions in a procurement for healthcare services is denied. The protester argued the agency failed to...

Just Because the Agency Selected the Lowest-Priced Proposal Doesn’t Mean It Conducted an LPTA...

Protest objecting to agency’s evaluation and source selection decision is denied. The protester argued that it should have received more strengths and higher adjectival ratings. GAO found that these arguments amounted to disagreement with the agency’s evaluation conclusions. The protester challenged the source selection decision, arguing that the agency had turned a best-value determination into […]
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Protest Challenged Awardee’s SDVOSB Status, But the Contract Was Not Set Aside for SDVOSBs;...

Protest challenging the SDVOSB status of the awardee is dismissed. The bulk of the protest challenged the conduct of the procurement, not the SDVOSB status of the awardee. More importantly, the contract was not set aside for SDVOSBs, so the awardee’s status was beside the point. The Department of Veterans Affairs announced that Esterhill Boat […]
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Protester Lacked Standing to Protest Because Its Proposal Contradicted the Solicitation; Asset Protection &...

Appeal of COFC order dismissing a protest for lack of standing is affirmed. The protester challenged an award, but the COFC found that the...

Although Appeal Calculated Damages Differently than Underlying Claim, It Did Not Present a “New...

Government’s motion to dismiss contractor’s appeal for lack of jurisdiction is denied. The contractor’s appeal calculated damages differently than the underlying claim. The government alleged that this new damages theory was a “new claim,” which had not presented to the contracting officer. Thus, the government concluded, the board lacked jurisdiction over the appeal. The board […]
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Agency Reasonably Credited Awardee for Its Access to the “Twitter Firehose”; Babel Street, Inc.,...

Protest challenging the evaluation of proposals is denied. The protester alleged the agency unreasonably evaluated the relevance of its past performance references. GAO found the evaluation was reasonable; the protester’s previous contracts involved significantly fewer users and lower values than the solicited effort. The protester alleged the agency applied unstated criteria by crediting the awardee […]
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OHA Finds Putative SDVOSB Unusually Reliant on Subcontractor; Appeal of Land Shark Shredding, LLC...

Protest challenging the SDVOSB status of an awardee is granted. The protester alleged that the awardee was unusually reliant on a non-SDVOSB subcontractor to perform the contract. OHA agreed, finding that a non-SDVOSB would be providing and operating all the equipment for the contract. In fact, the awardee’s quotation did not clearly delineate any portion […]
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Evidence Talks, Wishy-Washy Insinuation Walks: Protester Alleges PIA Violation But Prevaricates When Pressed for...

Protest alleging that agency failed to properly investigate a violation of the Procurement Integrity Act is dismissed. While proposals were being evaluated, the protester...