Tuesday, October 26, 2021

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I Ain’t Cappin’: RFI, Which Stated It Was for “Informational Purposes Only,” and “Not...

Protest challenging award of sole-source contract under the 8(a) Business Development program is denied in part and remanded in part. To cover performance during a protest, the agency awarded a sole-source contract to an 8(a) contractor. The protester alleged the requirements were not suitable for the 8(a) program because in a previous RFI, the agency […]
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CBCA Can’t Void an Assignment of Contract Payments; Heroes Hire, LLC v. Department of...

Contractor’s emergency motion for relief is denied. The contractor assigned its payments under the contract to a lender. Thereafter, the agency terminated the contract...

COFC Has Jurisdiction Over Challenge to SBIR Award But Finds Protest Itself Meritless; Squire...

Protest challenging awards under Small Business Innovation Research (SBIR) program is denied. The government contended, in various ways, the court should dismiss the protest for lack of jurisdiction. The government argued that it had not waived sovereign immunity for SBIR protests. The court found this argument was based on a misreading of the Tucker Act. […]
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GAO Bids a Curt Toodle-oo to Protester that Possessed Neither Interested-Party Status nor a...

Protest alleging that VA violated the “rule of two” is dismissed. GAO found that the protester had failed to acknowledge solicitation amendments and thus...

“Well, I’ve Got Two Lovers and I Ain’t Ashamed, Two Lovers, and I Love...

Protest challenging the rejection of the protester’s proposal is denied. The protester submitted two versions of its proposal. The agency told the protester to...

COFC Declines to Enjoin Performance of Protested Contract When Injunction Could Disrupt Nation’s Tax...

Protester’s motion for a preliminary injunction to enjoin performance during the pendency of the protest is denied. The protester challenged the cancellation of the solicitation and the award of a sole-source bridge task order. The protester wanted enjoin performance of the task order. The court found that the protester was unlikely to prevail on the […]
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GAO Recommends Costs for All Protester’s Arguments, Finds They Were Intertwined with Clearly Meritorious...

Protester’s request for reimbursement of protest costs is granted. Following an ADR conference in which GAO predicted it was sustain a protest, the agency took corrective action. Although GAO had stated it would only sustain one protest ground, the protester requested reimbursement of costs for all protest argument challenging the evaluation. GAO found that the […]
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Agency Erred in Assessing Strength for Feature Awardee Didn’t Propose; MetroStar Systems, Inc., GAO...

Protest alleging that agency unreasonably assessed strength to awardee is sustained. The agency assessed the awardee’s transition plan a strength for proposing to onboard...

Solicitation’s Submission Instructions Were Confusing, and Protester Failed to Timely Challenge Defect; Continuity Global...

Protest alleging that agency erred in refusing to consider its proposal is denied. The protester had submitted a timely proposal to contracting officers identified in the solicitation. But the agency did not consider the proposal because it had not been submitted to the proper contracting specialist. The protester contended that it had complied with the […]
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Contractor Tries But Fails to Convince Court that They’re an Agency Employee; David Diaz...

Government’s motion to dismiss is granted. A mail carrier for the US Postal Service filed suit alleging that the agency had breached his employment contract, and that he was entitled to overtime pay under the Fair Labor Standards Act. The rejected the breach claim, because the plaintiff had not filed a claim with the contracting […]
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