Friday, May 7, 2021

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GAO Finds that Protest Challenging Award of Smokejumper Contract Is All Smoke, No Fire;...

Protest challenging the award of a smokejumper contract is denied. The protester argued the agency had failed to consider the ways in which its proposed aircraft was superior to the awardee’s. But GAO found that the protester had not explained how its aircraft was superior under the solicitation’s criteria. The protester argued that it was […]
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Federal Circuit Affirms that Agency Does Not Breach Duty of Good Faith by Declining...

Appeal of a CBCA decision denying a claim against the government for breach of the duty of good faith and fair dealing is denied....

Agency Not Required to Seek Clarification of Protester’s “Editing Error”; Golden Key Group, LLC,...

Protest challenging technical and past performance evaluations is denied. The protester contended that it made it an editing error in describing the experience of proposed personnel. The protester argued that the other portions of its proposal remedied the error and that the agency should have sought clarifications. GAO found that the agency was not required […]
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Agency Reasonably Considered How Proposed Teams Would Function Together Even Though It Was Not...

Protest challenging agency’s past performance evaluation is denied. The protester alleged the agency erred in finding two of its references only partially relevant. GAO disagreed, reasoning that the solicitation sought armed guard services; the protester had submitted two references for unarmed guards. The protester contended the agency applied unstated criteria by considering the prior working […]
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Awardee’s Failure to Include OEMs or Product Numbers in Proposal Not a Material Omission;...

Protest alleging that awardee’s proposal was non-responsive is denied. The protester argued that the awardee had failed to provide the names of OEMs and product number as required by the solicitation. GAO found that the agency had not relied on this information in determining whether offerors met the technical requirements. Thus, the awardee’s failure to […]
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ASBCA Declines to Hear New Arguments Raised in a Motion for Reconsideration; Appeals of...

Motion for reconsideration of denied claim is denied. The board found that the motion consisted of new arguments that should have been raised earlier in the case-in-chief. As a result, those arguments were waived. The board also analyzed each of the new argument and found them all meritless. CDM Constructors had a contract with the […]
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I Asked for a Way to Blend Lean and Fatty Meat Products and You...

Appeal of termination for cause is denied due to fraud. The government terminated a contract for meat grinders, finding that the contractor had misrepresented...

Contractor Can’t Sidestep Release It Executed Relieving Government of Liability for Delay; Glen/Mar Construction,...

Appeal of a delay claim is denied. The contractor alleged the government was liable for delay caused by work outside the scope of the contract. The government argued the contractor had executed a release relieving the government for liability for the delay. The contractor alleged it had a separate understanding with the government to address […]
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Just Because You’re the Incumbent Doesn’t Mean Your Transition Plan Is Necessarily Superior; CACI,...

Protest alleging agency disparately evaluated transition plans is denied. The agency had assessed a significant strength to the awardee’s plan. The protester asserted that it was the incumbent, thus its transition plan was superior to and lower risk than the awardee’s, so it should have also received a significant strengths. GAO, however, found that the […]
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Contractor Can’t Recover Costs for a Contract It Never Performed; Prime Tech Construction, LLC...

Appeals seeking to recover costs and challenging a termination for default are denied. The board found that the contractor was not entitled to any costs because it never commenced performance. The contractor alleged that the government had terminated the contract in bad faith. But the board found that the contractor’s arguments were accusations unsupported by […]
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