Archives: Uncategorized

Bluewater Management Group, LLC B-414785

Bid protest of the issuance of a task order to a firm pursuant to the firm’s Federal Supply Schedule contract is sustained where the agency failed to consider whether the services offered by the firm are included in its schedule contract, and the record establishes that the firm’s quotation was based on providing a service […]

Orbital Sciences Corporation B-414603; B-414603.2

 1. Bid protest is denied where the agency waived a solicitation requirement and the protester did not allege that it was prejudiced by the waiver. 2. Protests challenging the agency’s cost realism evaluation are denied, where the record demonstrates that the agency’s conclusions were reasonable with regard to the awardee’s proposed hours, and where the […]

Paragon Systems, Inc. B-414515; B-414515.2

1. Bid protest that agency waived solicitation’s page limit for awardee’s proposal is denied where record shows the agency reasonably determined that contents of past performance section of awardee’s proposal were properly exempt from the page limit. 2. Protest that agency misevaluated both protester’s and awardee’s management approach proposals, and past performance, is denied where […]

FCi Federal, Inc. B-413569.2; B-413569.3

1. Bid protest that agency unreasonably evaluated protester’s proposal is denied where proposed deputy program manager did not meet solicitation’s education requirements. 2. Agency’s communications with awardee concerning matters of responsibility do not constitute discussions where awardee does not change its price or modify its technical proposal.  

MSI-Tetra Tech B-414517; B-414517.2

 1. Protest of the evaluation of the protester’s key personnel is denied where the record shows that the evaluation was consistent with the terms of the solicitation and the agency reasonably documented the evaluation.  2. Protest that the agency failed to conduct meaningful discussions is denied where, regardless of the adequacy of discussions regarding one […]

Raytheon Company, B-414354; B-414354.2, May 10, 2017

Bid protest challenging the award of a sole-source contract is denied where the record demonstrates that the agency reasonably concluded that there was only one responsible source able to meet the agency’s requirements.

STG, Inc., B-408992, Dec. 15, 2013

Successful protest on behalf of STG where agency took corrective action by cancelling the awarded contract and the solicitation.

Another DOHA Victory

Bill Savarino saved another clearance before the Defense Office of Hearings and Appeals (DOHA). This one involved allegations under Guideline B (Foreign Influence) stemming from the applicant’s family ties to the African country of Tanzania. Both his parents lived there and his father was a former diplomat of the Tanzanian Government. In addition, his mother […]

SDVO Protest Victory

Cohen Mohr successfully protested the eligibility of a purported service-disabled veteran-owned small business concern (SDVO SBC) on the grounds that a service-disabled veteran did not control the firm at the time of offer. Victor Klingelhofer represented the protester.

Sharp Electronics Corp. v. McHugh: The Not-So-Bright-Line

In Sharp Electronics Corp. v. McHugh, referred to in this article as ‘‘Sharp III,’’ the Federal Circuit, for the first time, addressed the interpretation and application of FAR 8.406-6, the 10-year-old Disputes Clause applicable to claims under the Contract Disputes Act of 19782 (CDA) submitted in connection with Federal Supply Schedule (FSS) contracts. The Disputes […]