Matter of BAE Systems Norfolk Ship Repair, Inc. Decided: November 19, 2021 Agency: Department of the Navy Disposition: Protest Denied Keywords: Changes Clause; Fixed Price Contract; Terms of the Solicitation General Counsel, P.C. Protest Insight: The key takeaway here is that the Government expects offerors to sufficiently cost unspecified work included in solicitations; either using
Link: GAO Decision Protestor: Beyel Brothers, Inc. Agency: Department of the Navy Disposition: Protest Denied. _________________________________________________________________________ GAO Digest: Protest that the awardee’s proposed fuel price was unrealistically low fails to state a valid basis for protest where the solicitation provided for the award of a fixed-price contract and did not provide for a price realism
Link: GAO Decision Protestor: CC Distributors, Inc. Agency: Department of the Air Force Disposition: Protest Denied. _________________________________________________________________________ GAO Digest Agency reasonably evaluated the awardee’s past performance as excellent/high confidence, where agency considered the awardee’s and its proposed subcontractor’s history of relevant past performance and the positive comments made by the awardee’s references regarding its past
Link: GAO Decision Protestor: Raytheon Technical Services Company LLC Agency: Department of the Air Force Disposition: Protest Denied. ______________________________________________________________ GAO Digest: Protest challenging an agency’s determination that the awardee’s fixed price was realistic is denied, where the agency compared the awardee’s low price to the government’s cost estimate and concluded that the awardee’s pricing assumptions
Link: GAO Decision Protestor: People’s Accident Information Service, Inc., d/b/a Securit Agency: Smithsonian Institution Disposition: Protest Denied. ______________________________________________________________ GAO Digest: Protest that agency improperly failed to evaluate offerors’ proposed prices to determine whether they understood the requirements of the solicitation is denied where the protester fails to allege or demonstrate that there were technical weaknesses
Link: GAO Opinion Agency: Department of the Air Force Disposition: Protest denied. ________________________________________________________________________________ GAO Digest: Protest that agency misevaluated protester’s quotation under key personnel and professional staff factor is denied where record shows evaluation was unobjectionable. General Counsel P.C. Highlight: ITT first asserts that the agency’s assignment of an exceptional rating to Northrop’s proposal under
Link: GAO Opinion Agency: Department of Defense Disposition: Protest denied. Keywords: Price Realism; Fixed Price Contract General Counsel P.C. Highlight: An agency may, in its discretion, provide for a price realism analysis for the purpose of assessing whether an offeror’s price is so low as to evince a lack of understanding of the contract requirements or
Link: GAO Opinion Agency: Department of Defense Disposition: Protest sustained. Keywords: Fixed Price Contract General Counsel P.C. Highlight: Where a solicitation requests proposals on a fixed-price basis, a price offer that is conditional and not firm cannot be considered for award. —————————————————————————————————————————– Solers, Inc. protests the issuance of a task order to Booz Allen Hamilton, Inc.
Link: GAO Opinion Agencies: Department of Veterans Affairs Disposition: Protest dismissed. Keywords: Interested party; firm fixed-price proposal —————————————————————————————————————————– Philips Healthcare Informatics (PHI) protested the award of a commercial item contract to AGFA HealthCare Corporation (AGFA) by the Department of Veterans Affairs (VA) under a request for proposals for picture archiving and communication system (PACS) services