GAO: Protest Sustained Where Agency Improperly Applied Adjectival Ratings

Recently, GAO sustained a bid protest where the ratings assigned to the unsuccessful offeror’s proposal did not conform to the definitions identified within the Solicitation.

For those of you frequent the blog, you may recall earlier this year when we blogged on GAO’s decision in Immersion Consulting, LLC, B-415155 et al. (Dec. 4, 2017) where the Source Selection Authority had unilaterally revised the Source Selection Evaluation Board’s evaluation prior to making an award decision. GAO sustained the protest and instructed the agency to reevaluate proposals. This same procurement was subject to another round of protests following the agency’s reevaluation.

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5 Things You Should Know: Size Protests and Appeals

See our updated post on this topic here.

Koprince Law recently gave a presentation on small business size and affiliation issues the Contract Opportunities Center. This presentation got us thinking: “Wouldn’t our loyal SmallGovCon readers want to know 5 Things about size protests and appeals?”

“Of course they would!” we immediately answered our own internal monologue. “After all, who wouldn’t?”

Here are 5 Things You Should Know about size protests and appeals:

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Government’s Default Termination Threat Was Improper Coercion, Says ASBCA

The Government improperly threatened to terminate a contractor for default, because there was no good reason to believe the contractor had actually defaulted.

In a fascinating new decision by the Armed Services Board of Contract Appeals, the Government’s threat–made to a contractor with cash-flow issues–amounted to coercion, and invalidated a settlement agreement that awarded the contractor much less than it probably should have received.

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