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
Agency: Department of the Army Disposition: Protest Denied Decided: July 15, 2019 Keywords: Small Business Set-Asides, GAO Standard of Review General Counsel P.C. Highlight: When a protester challenges an agency’s evaluation of proposals, the GAO’s role is not to reevaluate proposals, but, rather, to examine the record to determine whether the agency’s judgment was reasonable
Agency: General Services Administration Disposition: Protest Sustained in Part and Denied in Part Decided: February 15, 2019 Keywords: Small Business Set-Asides, Mentor-Protégé Program General Counsel P.C. Highlight: A solicitation’s limitation on a joint venture’s ability to submit a proposal as a Contractor Team Arrangement (CTA) that relies on the experience of subcontractors that are not members
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