In Re: Teledyne Brown Eng’g Inc.,- Appearances Are Important! Even Appearance of a Conflict of Interest is Enough to Taint a Contract
In this case, Teledyne Brown Engineering, Inc. (“TBE”) protested an award to SGT, LLC by NASA. The contract was for acquiring ground systems and operations services at Marshall Space Flight Center (“MSFC”). TBE protested the award for multiple reasons stating that NASA engaged in an unreasonable and unfair manner, but most importantly had a...
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ASBCA Recognizes New Legal Theory Which Makes It Easier For Contractors To Win CDA Claims Against the Government: Negligent Negotiations By The Government Pre-Award Can Lead To Reformation And Equitable Adjustment After Award
In a groundbreaking decision, Appeal of Chugach Federal Solutions, Inc., ASBCA No. 61320, the ASBCA recognized that “negligent negotiations” on the part of the government during a proposal evaluation were grounds for the contractor to claim an equitable adjustment under the Contract Disputes Act (CDA). The FAR requires the government to conduct meaningful discussions...
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How to Reduce Costs to Protesters and Streamline the Bid Protest Process Through Agency Level Protests
Most bid protests are filed with the Government Accountability Office (GAO) or brought before the Court of Federal Claims. However, there’s a third, often over-looked, forum to bring a bid protest – before the procuring agency itself. Agency-level protests were officially authorized by President Clinton in 1995 and are governed by Section 33.103 of...
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OHA Decision Illustrates the Importance of Reviewing Small Business Set-Aside Joint Venture Agreements Before Each New Opportunity
In CVE Protest of KTS Solutions Inc. (“KTS”), No. CVE-146-P, the SBA Office of Hearings and Appeals reminded everyone why it is vital to amend or supplement their joint venture agreement whenever your joint venture seeks a new bidding opportunity. KTS was connected to a U.S. Department of Veterans Affairs solicitation for non-emergency, special...
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DoD to Reevaluate JEDI Contract after Court of Federal Claims Blocks Performance
On March 12, the US Department of Defense indicated in a court filing that it wished to re-evaluate its decision to award a multibillion-dollar cloud contract to Microsoft. That decision, a response to numerous “technical challenges presented by AWS,” signals a possible impending victory for Amazon in its bid protest. In February, a federal...
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Bid Protest Challenging Agency’s Evaluation of Protestor’s Criteria Is Denied When Evaluations Are Reasonable and Consistent with the Solicitation
On February 24, 2020, the GAO denied the bid protest of 22nd Century Technologies, Inc., which challenged the issuance of a task order to KCI-Acuity, LLC by the Department of State (DOS) on the grounds that DOS unreasonably evaluated the vendors’ quotations under the management and technical, price, and similar experience and past performance...
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