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Terms of the Solicitation

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In the Matter of: CR/ZWS LLC

  • November 3, 2017
  • Bid Protest DecisionsEvaluationsProposal EvaluationSolicitation RequirementsTerms of the Solicitation
  • 0 Comments

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

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Qwest Government Services, Inc. dba CenturyLink QGS, B-407835, March 7, 2013

  • April 3, 2013
  • Terms of the Solicitation

Link:         GAO Opinion Agency:    Department of the Interior Disposition:  Protest denied. General Counsel P.C. Highlight: GAO denied the protest of Qwest Government Services, Inc. dba CenturyLink QGS, based on the terms of a request for proposals (RFP), issued by the Department of the Interior (DOI) for cloud hosting services. The RFP provided for the award

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Harmonia Holdings, LLC, B-407186.2; B-407186.3, March 5, 2013

  • March 20, 2013
  • Organizational Conflict of Interest (OCI)Terms of the Solicitation

Link:         GAO Opinion Agency:    Social Security Administration Disposition:  Protest denied. General Counsel P.C. Highlight: GAO denies the protest of Harmonia Holdings, LLC, a small business, based on the terms of a request for proposals (RFP), issued by the Social Security Administration (SSA), for geographic information system (GIS) services to support the SSA’s emergency preparedness mission.

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Strategic Resources, Inc., B-406841.2, November 27, 2012

  • December 12, 2012
  • Price RealismTechnical EvaluationTerms of the Solicitation

Link: GAO Decision Protestor: Strategic Resources, Inc. Agency: Department of the Army Disposition: Protest Denied. ____________________________________________________________________________________________________ GAO Digest: Protest alleging that the awardee’s proposal violated the solicitation’s unclear proposal font requirement is denied where the protester’s proposal does not comply with its own interpretation of the requirement. Protest challenging the agency’s evaluation of the offerors’

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Telecommunications Support Services, Inc., B-407305, December 4, 2012

  • December 12, 2012
  • Technical AcceptabilityTerms of the Solicitation

Link: GAO Decision Protestor: Telecommunications Support Services, Inc. Agency: Maryland Procurement Office Disposition: Protest Denied. ____________________________________________________________________________________________________ GAO Digest: Agency reasonably determined that protester’s proposal was unacceptable where the protester failed to submit an adequately written technical proposal in accordance with the solicitation’s instructions. General Counsel PC Highlight: Telecommunications Support Services, Inc. (TSS) protested the award

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TestVonics, Inc., B-406700.3, December 4, 2012

  • December 12, 2012
  • Past PerformanceTerms of the Solicitation

Link: GAO Decision Protestor: TestVonics, Inc. Agency: Department of the Air Force Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that agency unreasonably and unfairly evaluated the past performance of the protester and awardee is denied where record shows that agency’s evaluation was reasonable, consistent with the terms of the solicitation, and not the result of

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Pinnacle Solutions, Inc., B-406998, B-406998.2, October 16, 2012

  • December 12, 2012
  • DiscussionsEvaluation CriteriaPast PerformanceTerms of the Solicitation

Link: GAO Decision Protestor: Pinnacle Solutions, Inc. Agency: Department of the Army, Army Material Command Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that agency held defective discussions is denied where agency did not hold discussions with either offeror, did not invite either offeror to revise its proposal, and limited the scope of its communications to

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Colt Defense, LLC, B-406696.2, November 16, 2012

  • December 5, 2012
  • Bid Protest JurisdictionTerms of the Solicitation

Link: GAO Decision Protestor: Colt Defense, LLC Agency: Department of the Army Disposition: Protest Dismissed. ____________________________________________________________________________________________________ GAO Digest: GAO will not resolve a dispute involving interpretation of a license agreement, even where the amount of the royalty fee under the agreement bears upon evaluation factors of the current solicitation, because this involves a matter of

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ASC Group, Inc., B-407136, November 15, 2012

  • November 28, 2012
  • Licensing RequirementsTerms of the Solicitation

Link: GAO Decision Protestor: ASC Group, Inc. Agency: Department of Defense, Defense Logistics Agency Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest:  Protest that terms of the licensing agreement required by a solicitation for software were unduly restrictive of competition is denied where the agency’s market research reasonably supported the agency’s conclusion that these terms would best

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North Wind, Inc., B-404880.7, November 5, 2012

  • November 28, 2012
  • Organizational Conflict of Interest (OCI)Terms of the Solicitation

Link: GAO Decision Protestor: North Wind, Inc. Agency: National Aeronautics and Space Administration Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that an offeror had an immitigable unequal access to information organizational conflict of interest that should have disqualified it from the competition is denied, where the agency reasonably concluded that the offeror’s performance of a

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Alares LLC, B-407124, November 7, 2012

  • November 14, 2012
  • Past PerformanceTerms of the Solicitation

Link: GAO Decision Protestor: Alares LLC Agency: Department of Veterans Affairs Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest of agency’s evaluation of protester’s proposal is denied where the proposal failed to address compliance with infection control procedures and provide a construction safety plan, as required by the solicitation, and agency was not required to infer

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CISGi, B-407101, November 6, 2012

  • November 14, 2012
  • Incumbent StatusResumesTerms of the Solicitation

Link: GAO Decision Protestor: CISGi Agency: National Science Foundation Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protester’s challenge of agency’s evaluation is denied where record shows that the evaluation was reasonable and consistent with terms of solicitation. General Counsel PC Highlight: CISGi protested the award to World Technology Evaluation Center, Inc. (WTEC) of a contract for

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Ceradyne, Inc. B-406479.2, August 15, 2012

  • September 5, 2012
  • Product TestingTerms of the SolicitationUnduly Restrictive Terms

Link: GAO Decision Protestor: Ceradyne, Inc. Agency: Defense Logistics Agency Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest is denied where protester fails to demonstrate that agency’s statistical testing methodology unreasonably restricts competition. General Counsel PC Highlight: Ceradyne, Inc. protested the terms of an RFP for lightweight advanced combat helmets. The RFP contemplated the award of

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The Clay Group, LLC, B-406647, B-406647.2, July 30, 2012

  • August 15, 2012
  • Evaluation CriteriaSolicitation RequirementsSource Selection DecisionTerms of the Solicitation

Link: GAO Decision Protestor: The Clay Group, LLC Agency: Department of Veterans Affairs Disposition: Protest Sustained. _____________________________________________________________________________________________________ GAO Digest: Protest challenging agency’s procurement of bathroom paper products is sustained where the record reflects that the evaluation methodology utilized by the agency was inconsistent with the terms of the solicitation relating to the relative importance of

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Richen Management, LLC, B-406750, B-406850, July 31, 2012

  • August 8, 2012
  • Terms of the Solicitation

Link: GAO Decision Protestor: Richen Management, LLC Agency: General Services Administration Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protests challenging the terms of solicitations for the provision of services by arguing that the agency improperly failed to provide the names of the incumbent contractor’s subcontractors, service call log information and more detailed repair history information–where the

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Northrop Grumman Technical Services, Inc., B-406523, June 22, 2012

  • July 11, 2012
  • Bundling or ConsolidationTerms of the Solicitation

Link: GAO Decision Protestor: Northrop Grumman Technical Services, Inc. Agency: Department of the Air Force Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Consolidation of requirements for contractor logistics support for the C-20 and C-37 aircraft requiring 5 years of fixed-price flying hour rates is reasonable, where the agency determined that consolidation will result in significant cost

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XTec, Inc., B-404495.2, November 4, 2011

  • June 27, 2012
  • Solicitation RequirementsTerms of the Solicitation

Link: GAO Decision Protestor: XTec, Inc. Agency: Department of Homeland Security Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest against evaluation of proposal is denied where the record reasonably supports the agency’s evaluation of the protester’s proposal based on a diagram included in the proposal that reflected that the protester’s technical approach did not satisfy the

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Rocamar Engineering Services, Inc., B-406514, June 20, 2012

  • June 27, 2012
  • Minimum RequirementsProduct TestingTerms of the Solicitation

Link: GAO Decision Protestor: Rocamar Engineering Services, Inc. Agency: Department of State Disposition: Protest Sustained. _____________________________________________________________________________________________________ GAO Digest: Protest against the rejection of the protestor’s proposal of a modular bastion wall defense system for failing a fire/burn test conducted by the agency is sustained where the record shows that the test was unfair and unreasonable.

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Nova Technologies, B-405982.2, May 16, 2012

  • June 27, 2012
  • Past PerformancePrice EvaluationTechnical EvaluationTerms of the Solicitation

Link: GAO Decision Protestor: Nova Technologies Agency: Department of the Air Force Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest challenging the agency’s evaluation of the awardee’s technical proposal is denied where the awardee submitted a technically acceptable proposal that was consistent with the terms of the solicitation. Protest challenging the agency’s evaluation of the awardee’s

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Spectrum Security Services, Inc., B-406474, June 13, 2012

  • June 20, 2012
  • FSS ContractTerms of the Solicitation

Link: GAO Decision Protestor: Spectrum Security Services, Inc. Agency: Department of Homeland Security, Immigration and Customs Enforcement Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest that agency improperly rejected quotation in Federal Supply Schedule (FSS) acquisition conducted under Federal Acquisition Regulation (FAR) part 8.4 is denied where protester’s FSS contract did not include all items and

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General Dynamics Armament and Technical Products, Inc., B-405671, December 14, 2011

  • June 20, 2012
  • Cost-Technical Trade-OffDocumentation of EvaluationTerms of the Solicitation

Link: GAO Decision Protestor: General Dynamics Armament and Technical Products, Inc. Agency: Department of the Army Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest asserting that the agency failed to reasonably evaluate the protester’s technical proposal is denied where the record shows the agency’s evaluation was reasonable and consistent with the terms of the solicitation. General

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IAP-Hill, LLC, B-406289, B-406289.2, B-406289.3, April 4, 2012

  • May 30, 2012
  • Ambiguity in SolicitationTerms of the Solicitation

Link: GAO Decision Protestor: IAP-Hill, LLC Agency: Department of the Navy Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest challenging agency’s evaluation of proposals is denied where record shows that agency’s evaluation was reasonable and consistent with the terms of the solicitation and applicable statutes and regulations. Protest that solicitation included a latent ambiguity is denied

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Tipton Textile Rental, Inc., B-406372, May 9, 2012

  • May 30, 2012
  • DiscussionsSmall Business Set-AsidesTerms of the Solicitation

Link: GAO Decision Protestor: Tipton Textile Rental, Inc. Agency: Department of Veterans Affairs Disposition: Protest Sustained. _____________________________________________________________________________________________________ GAO Digest: Protest that agency misevaluated awardee’s quotation is sustained where solicitation required a barrier wall to achieve physical separation of soiled linens from cleaned linens, and awardee’s quotation failed to comply with this requirement. Under small business

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The Dixon Group, Inc., B-406201, B-406201.2, March 9, 2012

  • May 9, 2012
  • Competitive RangeFSS ContractTerms of the Solicitation

Link: GAO Decision Protestor: The Dixon Group, Inc. Agency: Department of Health and Human Services Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest challenging agency’s exclusion of protester’s quotation from further consideration for a procurement using the General Services Administration Federal Supply Schedule conducted under Federal Acquisition Regulation subpart 8.4 is denied, where the record shows

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CH2M Hill Antarctic Support, Inc., B-406325, B-406325.2, B-406325.3, April 18, 2012

  • May 9, 2012
  • ClarificationsTerms of the SolicitationTimeliness of Protest

Link: GAO Decision Protestor: CH2M Hill Antarctic Support, Inc. Agency: National Science Foundation Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Protest challenging the assignment of an evaluation rating for the protester’s technical proposal is denied where the rating was reasonable and consistent with the terms of the solicitation. Exchanges with the awardee were clarifications, and not

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The Kenjya Group, Inc.; Academy Solutions Group, LLC; B-406314, B-406314.2, April 11, 2012

  • May 2, 2012
  • Evaluation CriteriaResumesTerms of the Solicitation

Link: GAO Decision Protestor: The Kenjya Group, Inc.; Academy Solutions Group, LLC Agency: National Security Agency Disposition: Protests Denied. __________________________________________________________________________________________________________________ GAO Digest: Agency reasonably rejected the protesters’ proposals as technically unacceptable in accordance with the terms of the solicitation where the agency reasonably concluded that the proposals failed to offer a program manager who satisfied

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DRIVE Developments, Inc., B-405910.6, April 19, 2012

  • April 25, 2012
  • Competitive RangeTerms of the Solicitation

Link: GAO Decision Protestor: DRIVE Developments, Inc. Agency: Department of the Army Disposition: Protest Denied. __________________________________________________________________________________________________________________ GAO Digest: Agency’s evaluation of the protester’s proposal as “adequate” under two of the solicitation’s evaluation factors, and elimination of the protester’s proposal from the competitive range, are unobjectionable, where the evaluation was consistent with the terms of the

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EnergySolutions Environmental Services, LLC, B-406183, March 2, 2012

  • April 18, 2012
  • Terms of the Solicitation

Link: GAO Decision Protestor: TPMC–EnergySolutions Environmental Services, LLC Agency: Department of Energy Disposition: Protest Denied. __________________________________________________________________________________________________________________ GAO Digest: Protest challenging the agency’s evaluation of the protester’s and the awardee’s proposals is denied where the evaluation was reasonable and consistent with the terms of the solicitation. General Counsel PC Highlight: TPMC-EnergySolutions Environmental Services, LLC (TES) protested

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General Dynamics, American Overseas Marine, B-401874.14, B-401874.15, November 1, 2011

  • March 28, 2012
  • Price RealismTerms of the Solicitation

Link: GAO Decision Protestor: General Dynamics, American Overseas Marine Agency: Department of the Navy Disposition: Protest Denied. _____________________________________________________________________________________________________ GAO Digest: Agency properly did not evaluate fixed-price proposals for price realism where the solicitation did not provide for such an evaluation. Agency properly did not consider in its price evaluation the protester’s proposed cost savings with

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Dellew-Olympus JV, B-406226, B-406226.2, March 9, 2012

  • March 21, 2012
  • Terms of the Solicitation

Link: GAO Decision Protestor: Dellew–Olympus Joint Venture Agency: General Services Administration Disposition: Protest Denied. ____________________________________________________________________________________________________ GAO Digest: Protest that agency misevaluated protester’s proposal is denied where record indicates that the agency’s evaluation was consistent with terms of solicitation. General Counsel P.C. Highlight: Dellew-Olympus Joint Venture protested the award to Satellite Services, Inc. (SSI) of a

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UnitedHealth Military & Veterans Services, LLC, B-401652.8, B-401652.9, B-401652.10, B-401652.11

  • March 14, 2012
  • Source Selection DecisionTerms of the Solicitation

Link: GAO Decision Protestor: UnitedHealth Military & Veterans Services, LLC Agency: Department of Defense Disposition: Protest Denied. ____________________________________________________________________________________________________  GAO Digest: Protest that agency misevaluated awardee’s proposal and made an unreasonable source selection decision is denied where record shows that agency’s evaluation and source selection was reasonable and consistent with the terms of the solicitation and

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TriCenturion, Inc.; SafeGuard Services, LLC, B-406032, B-406032.2, B-406032.3, B-406032.4, January 25, 2012

  • February 22, 2012
  • Cost RealismOrganizational Conflict of Interest (OCI)Past PerformanceTechnical EvaluationTerms of the Solicitation

Link: GAO Decision Protestors: TriCenturion, Inc.; SafeGuard Services, LLC Agency: Department of Health and Human Services, Centers for Medicare and Medicaid Services Disposition: Protest Sustained in part, Denied in part. ____________________________________________________________________________________________________ GAO Digest: 1. Challenge to the cost realism evaluation of the awardee’s proposed labor costs is sustained where the record does not demonstrate that

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CAE USA Inc., B-405659; B-405659.2; B-405659.3, December 2, 2011

  • February 15, 2012
  • Terms of the Solicitation

Link:         GAO Opinion Agency:     Department of the Army Disposition:  Protest denied. _______________________________________________________________________________________________________________  GAO Digest: 1. Protest challenging agency’s evaluation of protester’s proposal is denied where the agency’s evaluation was reasonable and consistent with the evaluation criteria. 2. Protest that awardee’s proposal should have been rejected for failing to comply with solicitation small business participation goals

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Bannum Inc., B-405548, November 8, 2011

  • February 15, 2012
  • Terms of the Solicitation

Link:         GAO Opinion Agency:     Department of Justice Disposition:  Protest denied. _______________________________________________________________________________________________________________  GAO Digest: Protest that agency improperly considered firm’s inability to accept sex offenders at its proposed residential reentry center is denied where solicitation contemplated consideration of an offeror’s proposed site and the impact that the location would have on satisfying the requirements of the

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TtEC-Tesoro, JV, B-405313; B-405313.3, October 7, 2011

  • January 23, 2012
  • Best ValueTerms of the Solicitation

Link:         GAO Opinion Agency:    United States Coast Guard Disposition:  Protest denied. _______________________________________________________________________________________________________ GAO Digest: Protest that agency improperly evaluated proposals, resulting in a flawed best value determination, is denied where the record shows that the agency reasonably evaluated proposals in accordance with the terms of the solicitation, and that the agency’s best value determination was

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