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
Agency: Defense Logistics Agency Disposition: Protest Sustained in Part, Dismissed in Part, and Denied in Part Decided: August 23, 2018 Keywords: Small Business Set-Asides, Rule of Two General Counsel P.C. Highlight: When seeking requests for proposals in a by-CLIN basis, agencies must consider the value of each CLIN when assessing whether it qualifies for a
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. 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 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
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
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 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. 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. 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