Matter of Trailboss Enterprises, Inc. Agency: Department of the Air Force Disposition: Protest Dismissed in Part and Denied in Part Decided: May 7, 2018 Keywords: Bad Faith in Evaluation General Counsel P.C. Highlight: An allegation of bad faith on behalf of an agency or government employee requires specific facts and evidence. Simply arguing bad faith
Matter of Millennium Corporation, Inc.
Matter of Millennium Corporation, Inc. Agency: Department of the Navy Disposition: Protest Sustained Decided: October 1, 2018 Keywords: Ambiguity in Solicitation General Counsel P.C. Highlight: A latent ambiguity which allows two or more reasonable interpretations of the requirements of the RFP cannot later be held against one who relies on an interpretation inconsistent with the
Matter of Intuitive Research and Technology Corporation
Matter of Intuitive Research and Technology Corporation Agency: Department of the Army Disposition: Protest Dismissed Decided: October 11, 2018 Keywords: Bid Protest Jurisdiction General Counsel P.C. Highlight: The GAO will not consider a protest on the same procurement where there is already a challenge pending before a court of competent jurisdiction. Summary of Facts Intuitive
Best Value: Making Sure Your Proposal Reflects Best Value, Not Just Lowest Price
Best Value: Making Sure Your Proposal Reflects Best Value, Not Just Lowest Price For some people, the lowest price is the best value. After all, if your options include buying a suit for $100, buying a suit for $600, or buying a suit for $1,000, isn’t the $100 suit the very best value? Of course,
Price Realism as the Basis for a Protest
Price Realism as the Basis for a Protest Understanding Price Realism The term “price realism” is used to describe the analysis the government engages in to determine whether an offeror’s price is “too low.” Even in cases where the standard is “Lowest Price Technically Acceptable,” (LPTA) or Fixed Price, an extremely low price raises concerns.
Matter of Vertical Jobs, Inc.
Matter of Vertical Jobs, Inc. Agency: Department of Homeland Security Disposition: Protest Denied Decided: April 19, 2018 General Counsel P.C. Highlight: Technical ratings are relevant when evaluating protests. When another bidder has equal ratings and a lower price, a protester must establish that their own bid was improperly evaluated, in order to have standing to
Matter of Savannah Cleaning Systems, Inc.
Matter of Savannah Cleaning Systems, Inc. Agency: Department of the Navy Disposition: Request for Modification Denied Decided: April 23, 2018 General Counsel P.C. Highlight: The remedy for a decision sustaining a protest varies depending on the circumstances. Summary of Facts Leading to Request for Modification In March of 2018, Savannah Cleaning Systems, Inc. (Savannah)successfully protestedthe
Matter of Alliant Solutions, LLC
Matter of Alliant Solutions, LLC Agency: General Services Administration Disposition: Protest Sustained Decided: May 14, 2018 Released: May 24, 2018 Keywords: Task Orders, Contract Modifications General Counsel P.C. Highlight: A contract modification via a technical direction letter may not include tasks beyond the scope of a task order. Summary of Facts Alliant Solutions, LLC (Alliant)
Matter of Dynaxys LLC
Matter of Dynaxys LLC Agency: Department of Housing and Urban Development Disposition: Protest Sustained In Part Decided: April 18, 2018 Released: May 4, 2018 Keywords: Best Value, Evaluations, General Counsel P.C. Highlight: Evaluation of proposals should be carefully reviewed to determine if strengths awarded are justified. When an agency does not evaluate approaches equally, there may
New Procedure For Submitting Bid Protests Coming in May 2018
New Procedure For Submitting Bid Protests Coming in May 2018 The Government Accountability Office (“GAO”) recently announced its plan to launch its web-based electronic bid protest filing and dissemination system (“EPDS”). EPDS is a secure web portal where contractors will be required to submit all bid protests beginning May 1, 2018. GAO says the new