Matter of Deloitte Consulting LLP Agency: Department of the Treasury, Bureau of the Fiscal Service Disposition: Protest Sustained Decided: March 23, 2020 Keywords: Material Solicitation Terms General Counsel P.C. Highlight: A proposal that takes exception to a solicitation’s material terms and conditions (price, quantity, quality, or delivery of the goods or services being provided) should
Matter of MCI Diagnostic Center, LLC Agency: Department of Veterans Affairs Disposition: Protest Denied Decided: March 11, 2020 Keywords: Sole-Source Award General Counsel P.C. Highlight: An agency may solicit from one source if the contracting officer reasonably determines that only one source is reasonably available. Summary of Facts MCI Diagnostic Center, LLC (MCI) protests the issuance
Matter of R B Toth Associates LLC Agency: National Endowment for the Humanities Disposition: Protest Dismissed Decided: March 13, 2020 Keywords: GAO Jurisdiction General Counsel P.C. Highlight: GAO’s bid protest jurisdiction is limited to acquisitions of property or services for the direct benefit or use of the United States Government. Summary of Facts R.B. Toth
Agency: Department of Veterans Affairs Disposition: Protest Dismissed Decided: February 27, 2020 Keywords: Small Business Set-Asides; SDVOSB Set-Asides; Certificate of Competency General Counsel P.C. Highlight: The SBA has the exclusive authority to review a contracting officer’s determination that a small business concern is not responsible. The GAO does not review certificate of competency referrals to the
Agency: Department of Interior Disposition: Request for Costs Granted Decided: February 14, 2020 Keywords: Reimbursement of Protest Costs General Counsel P.C. Highlight: If the agency delays taking corrective action in the face of a clearly meritorious protest, causing the protester to make further use of the protest process in order to obtain relief, GAO may
Agency: Department of Commerce, National Oceanic and Atmospheric Administration Disposition: Protest Sustained Decided: January 2, 2020 Keywords: Material Solicitation Terms General Counsel P.C. Highlight: A requirement for letters of commitment from key personnel generally constitutes a material solicitation requirement and failure of an awardee to comply with a material solicitation requirement may result in a sustained protest
Agency: Department of Defense Disposition: Protest Denied Decided: January 2, 2020 Keywords: Electronic Filing; Late Submission General Counsel P.C. Highlight: Under FAR provision 52.212-1(f)(2)(i), the relevant question to determine if an electronically submitted proposal was submitted on time is when the email was received at the designated government office, not when it was sent. Summary of
Agency: Department of the Air Force Disposition: Protest Sustained Decided: May 28, 2019 Keywords: Cost Realism, Prejudice, GAO Standard of Review General Counsel P.C. Highlight: A protestor cannot succeed unless it can show that “but for the agency’s actions, it would have had a substantial chance of receiving the award.” A protest will be sustained
Agency: Department of Veterans Affairs Disposition: Protest Denied Decided: November 7, 2019 Keywords: Interested Party General Counsel P.C. Highlight: A protest will be denied where the protester is not an interested party to challenge the procurement. Summary of Facts VetsTec, LLC protests the award of a contract to B3 Group, Inc., under RFP No. 36C10B19R0009,
Agency: Department of the Army Disposition: Protest Denied Decided: July 9, 2019 Keywords: Sole-Source Award, Competition in Contracting Act General Counsel P.C. Highlight: A protest of proposed award of a sole-source contract for highly specialized equipment will be denied where the agency reasonably concludes that only one firm possesses the necessary data rights to produce