Courts, Boards, & GAO
COFC Sustains Protest, Finds Agency’s Ratings Under Organization Factor Lacked a Rational Basis
This protester challenged the U.S. Army Corps of Engineers' evaluation of proposals for a dam gate replacement project. The protester argued the agency irrationally...
Tales from the Crypt: COFC Rejects Challenge to Cemetery Expansion Contract
The protester argued that the awardee's bid was nonresponsive because it failed to identify qualified columbarium installers at the time of bid submission, and...
Small Business Math Doesn’t Add Up for Incumbent
The incumbent contractor challenged the agency’s decision to eliminate its proposal from a competition for support services. The protester argued that the agency unreasonably...
Rehashing Old Arguments Won’t Win Reconsideration
In this request for reconsideration, the protester argued GAO misapprehended facts and misapplied legal standards when it dismissed challenges to the protester’s elimination from...
Why Higher Ratings Don’t Always Win
The protesters challenged the agency's evaluation of technical proposals, past performance, and the ultimate best-value tradeoff decision. One protester argued that the source selection...
No Plans, No Printing: GAO Denies Protest of Nonresponsibility Finding
The agency determined that the protester was not responsible. The protester argued that the nonresponsibility determination lacked a reasonable basis, contending it had submitted...
Late Is Late—Even When a Government Firewall Captures Your Proposal
Fox Rothschild - In Rick Aviation, Inc. v. United States, the Court of Federal Claims (COFC) tackled a novel application of the Federal Acquisition...
Timing Is Everything: GAO Dismisses Three Protests Filed Before the Solicitation Deadline but After GAO’s Daily Cutoff Time
Crowell & Moring - A recent U.S. Government Accountability Office (GAO) decision dismissing three pre-award protests as untimely highlights an important procedural trap for...
Protester Can’t Overcome Missing Attestation Form
The protester challenged the agency's elimination of its proposals from a massive IT contract competition, arguing that the agency unreasonably rejected its bid for...
Grounded Before Takeoff: A Cautionary Tale on the “Late-Is-Late” Rule
McCarter & English - Peak summer travel season has jet fuel moving by the millions of gallons, so there is a certain irony in...
COFC: Limitation on Subcontracting Certification Trips Up Contractor Where Solicitation Requires it to be Signed and Attached
Koprince McCall Pottroff - When it comes to federal contracting, there are parts that are very detail-oriented. Countless signatures for countless certifications. The recent...
GAO Denies Reconsideration Request, Holds Protester Can’t Assert New Arguments into Comments
In this request for reconsideration, the protester argued that GAO erroneously dismissed one of its allegations as untimely, claiming it had properly raised a...
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