Agency: Department of Energy Disposition: Protest Sustained Decided: September 4, 2018 Keywords: Buy American Act General Counsel P.C. Highlight: Omitting certain information that does not impact price or an enable the bidder to change the bid price does not render a bid “nonresponsive” for bid submission purposes. Summary of Facts A small business set aside solicitation
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 Immersion Consulting, LLC Agency: Department of Defense Disposition: Protest Sustained Decided: May 18, 2018 Released: June 19, 2018 Keywords: Proposal Evaluation General Counsel P.C. Highlight: An agency evaluation must hold the offerors to the solicitation’s stated requirements. When evaluating proposals, sweeping language providing assurances of compliance with the solicitation requirements is insufficient. Where language from
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
Matter of: ORBIS Sibro, Inc. Agency: Department of the Navy Disposition:Protest Sustained in Part, Denied in Part Keywords: Cost Realism, Cost Evaluation Decided:February 26, 2018 Published: March 15, 2018 General Counsel P.C. Highlight: A cost realism analysis may properly include adjusting labor rates to make them consistent with proposed labor categories. It may not, however, adjust costs to
Matter of: Transworld Systems, Inc; Account Control Technology, Inc. Agency: Department of the Treasury Disposition:Protest Sustained as to Transworld Systems, Inc. Keywords: Evaluation Criteria; Technical Evaluation Decided:December 22, 2017 Published: February 21, 2018 General Counsel P.C. Highlight: Not all protest grounds are discoverable prior to filing a protest. An agency’s inconsistent evaluation of factors results in a protest
Matter of: Fluor Federal Solutions, LLC Agency: Department of the Navy Disposition: Protest Sustained Keywords: Evaluation Criteria; Proposal Evaluation; Source Selection Decision Decided: January 18, 2017 Released: November 20, 2017 General Counsel P.C. Highlight: Proposal evaluation and source selection decisions must be consistent between offerors. When the record shows disparate evaluation and the protester is
Matter of: AT&T Corporation Agency: Department of Commerce, U.S. Census Bureau Disposition: Protest Sustained Keywords: Evaluation Criteria; Documentation of Evaluation Decided: October 5, 2017 General Counsel P.C. Highlight: It is essential that evaluation and source selection decisions are adequately documented. Where the agency engages in discussions, they must be fair and equitable to all parties
Agency: Department of the Air Force Disposition: Protest Sustained Decided: September 13, 2017 Keywords: Evaluations, Proposal Evaluation, Solicitation Requirements, Terms of the Solicitation General Counsel P.C. Highlight: Compliance with all terms of the solicitation is absolutely critical to a successful proposal. Failure to address the terms of the solicitation requirements may result in a technically
Agency: Department of the Navy Disposition: Protest Sustained Decided: October 16, 2017 Keywords: Evaluation Criteria, Proposal Evaluation General Counsel P.C. Highlight: Agencies are bound not only by the terms and conditions outlined in the RFP, but also federal law. Additionally, an agency’s failure to document the rationale for decisions may result in protests being sustained.