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Successful GAO Protests (2008-Present)



 

Announcement of Competition; Solicitation Language and Interpretation

 

Great Lakes Dredge and Dock Co., LLC, B-421676.4 (Dec. 19,2023) (bids exceeding available funding justified canceling IFB, but not its conversion to a negotiated procurement where the agency did not defend its decision based on an argument that the original bids were unreasonable)

Insight Technology Solutions, LLC, B-421764.2, .3, .5 (Sep. 29, 2023) (no basis for agency's conclusion that all four of awardee's contract references were "highly relevant" when one of them was not; agency evaluated proposals disparately by crediting experience areas in awardee's proposal without giving protester equivalent credit for same types of experience; final tradeoff decision was infected by both these errors)

General Dynamics Information Technology, Inc., B-421525 (May 26, 2023) (use of firm-fixed-price, level-of-effort task order is inappropriate because the underlying work can be (and is in the solicitation) clearly defined; solicitation is patently ambiguous as to whether hour figure in solicitation is for a fixed level of effort or is merely a yearly estimate)

Orlans PC, B-420905 (Oct. 25, 2022) (in solicitation for commercial services, record does not show that the agency performed adequate market research to demonstrate that the terms were consistent with customary commercial practice, as required by the rules applicable to commercial item procurements in FAR Part 12)

Selex ES, Inc. B-420799 (Sep. 6, 2022) (under one reasonable interpretation, solicitation unduly restricted competition by requiring offerors to meet the navigation system’s flight check qualification and readiness level requirements at the time of proposal submission, rather than after award during performance of the contract, and, therefore, solicitation should be amended to make requirements clear)

Insight Technology Solutions, Inc., B-420543, .2 (May 27, 2022) (requirement that offerors submit evidence of CMMI level 3 certification at the time of proposal submission, rather than at the time of award or performance requirement exceeds the agency’s reasonable needs)

Office Depot, LLC, B-420482 (May 3, 2022) (market basket of allegedly representative items did not accurately reflect Government's likely purchases of office supplies)

JW Mills Management, LLC, B-420416 (Mar. 24, 2022) (agency improperly included Randolph-Sheppard Act preference in solicitation that was not for the  "operation" of a cafeteria)

Westwind Computer Products, Inc., B-420119 (Dec. 8, 2021) (agency failed to adequately justify solicitation's restriction to brand name sources for software because agency's market research did not show that any other companies’ software cannot meet, or be modified to meet, the agency’s needs)

Computer World Services Corporation; CWS FMTI JV LLC, B-419956.18, .19, .24 (Nov. 23, 2021) (inadequate justification for limit of two experience examples from large business mentor in mentor-protégé JV offerors)

InfoPoint, LLC, B-419856 (Aug. 27, 2021) (solicitation requirement that joint venture as a unit, rather than its individual members, possess a Top Secret facility clearance violated NDAA for FY 2020 and applicable SBA regulations)

Inmarsat Government, Inc., B-419583, .2 (May 21, 2021) (agency failed to sufficiently mitigate the competitive harm from the inadvertent release in draft solicitation of the incumbent/protester's comprehensive, detailed, and recent pricing for its non-commercial solution)

Innovate Now, LLC, B-419546  (Apr. 26, 2021) (solicitation requirement that protégé members of a mentor-protégé joint venture have the same level of experience as other offerors violates SBA reg at 13 C.F.R. § 125.8(e); a solicitation requirement that offerors demonstrate the staffing used on a prior contract at “a single point in time,” is undefined, ambiguous, and, therefore, incapable of guaranteeing that offerors will be able to compete on a common basis)

AES, UXO, LLC, B-419150 (Dec. 7, 2020) (solicitation language that offeror must have performed work as prime or joint venture partner in order for it to count in past performance and experience evaluation was unduly restrictive of competition and was inconsistent with agency's stated purpose for including that requirement)

IDS International Government Services, LLC, B-418003, .2 (Nov. 18,2020) (solicitation’s experience factor is ambiguous because the evaluation criteria and adjectival ratings conflict regarding the basis on which proposals will be evaluated)

Chronos Solutions, LLC, et al., B-417870.2, .3, .4 (Oct. 1, 2020) (agency did not consider material factors, such as the effects of the pandemic, in determining its needs and drafting the requirements of the solicitation)

Mythics, Inc.; Oracle America, Inc., B-418785, .2 (Sep. 9, 2020) (solicitation for cloud computing services unduly restrictive of competition because: (i) despite its protestations to the contrary, the agency essentially is requiring stated brand-name products without the proper justifications; (ii) the solicitation contemplates online marketplaces, which will be populated with products selected by the cloud service providers without any oversight by the agency to ascertain whether there was competition or whether the selected products meet the agency's needs; (iii) solicitation makes clear that the agency intends to make single ID/IQ contract award if at all possible when regs have preference for use of multiple awards)

Booz Allen Hamilton, Inc., B-418449 (May 18, 2020) (solicitation requirement that offeror or affiliate be independent public accountant unduly restricts competition because it is not necessary to meet agency's minimum needs; requirement exceeds scope of underlying IDIQ contract)

ASRC Federal Data Network Technologies, LLC; Ekagra Partners, LLC, B-418085.4, .5, .7 (May 5, 2020) (agency did not provide offerors enough information concerning level of effort required for certain fixed-price work to permit them to bid intelligently)

Steel Point Solutions, LLC, B-418224, .2 (Jan. 31, 2020) (following a default termination, agency improperly awarded reprocurement contract for term longer than remaining undelivered term remaining on terminated contract)

Noble Supply & Logistics, Inc., B-418141 (Jan. 16, 2020) (protest against agency’s use of a highest-technically rated, reasonably-priced source selection methodology when establishing single-award BPAs with FSS contract holders is sustained because: (i) the methodology (which does not include comparison of prices or evaluation of price as part of best value determination) does not satisfy the agency’s  obligation to establish BPAs with schedule contractors that can provide the supplies or services that represent the best value and result in the lowest overall cost alternative to meet the Government’s needs; and (ii) solicitation's required pricing structure is inconsistent with the terms of the underlying FSS contract)

Blue Origin Florida, LLC, B-417839  (Nov. 18, 2019) (evaluation scheme that would determine which pairs of proposals would offer best value is flawed because offerors will not know what other offerors proposed and, thus, cannot know on what basis their offers will be evaluated)  

Veterans4You, Inc., B-417340. .2  (June 3, 2019) (agency issued solicitation without regard to requirements of Veterans Benefits Health Care and Information Technology Act of 2006 reserving contracting opportunities for SDVOSBs or VOSBs)

Ekagra Partners, LLC, B-408685.18 (Feb. 15, 2019) (procurement is unduly restrictive of competition where agency failed to provide reasonable explanation for inclusion of solicitation term that prohibited a mentor-protégé joint venture from submitting a proposal as part of a contractor teaming arrangement that includes additional subcontractors)

Grant Thornton, LLC, B-416733 (Nov. 29, 2018) (agency did not provide reasonable justification for solicitation’s requirement that the minimum number of years of experience set forth in the labor categories of a vendor’s FSS contract must "align precisely" with the minimum number of years of experience required for the labor category in the solicitation's PWS; therefore, requirement is unduly restrictive of competition)

Mechanix Wear, Inc., B-415704, .2 (Nov. 19, 2018) (in solicitation for combat gloves, agency's use of Berry Amendment to require use of domestic goat/kidskin leather was improper because regulations implementing Berry Amendment clearly contain exception for goat/kidskin, and there is no provision in Berry Act regulations that would require the agency to conduct market availability research under Buy American Act when a Berry Amendment exception applies)

Millennium Corp., B-416485.2  (Oct. 1, 2018) (language of solicitation regarding CPAR categories agency would use to score proposals was latently ambiguous)

Western Pilot Service, et al., B-415732, .2, .3, .4  (Mar. 6, 2018) (flight services sought under task order request for proposals for extended, guaranteed periods of performance are beyond scope of protesters' underlying IDIQ contracts)

Castro & Co., LLC., B-415508.4 (Feb. 13, 2018) (agency's limitations on scope of proposal revisions following corrective action unreasonably prohibited protester from revising all aspects of proposal materially impacted by corrective action)

Office Design Group, B-415411 (Jan. 3, 2018) (email from offeror to Contracting Officer expression confusion regarding whether amendment to solicitation had changed its status from an SDVOSB set-aside and requesting clarification constituted agency-level protest such that firm had 10 days from receipt of Contracting Officer's response in order to file timely GAO protest; solicitation amendment eliminating certain requirements for SDVOSB set-aside while retaining other language indicating the procurement was set aside created patent ambiguity)  

Pitney Bowes, Inc., B-413876.2 (Feb. 13, 2017) (specifications are unduly restrictive of competition because agency failed to establish they were required to meet its needs)

Walker Development & Trading Group, Inc., B-413924 (Jan. 12, 2017) (agency provided no consistent, rational explanation for canceling solicitation and extending contract of incumbent)

Bluehorse Corp., B-413533 (Oct. 28, 2016) (RFQ, which was not electronically advertised, was sent only to three potential offerors, one of whom was unlikely to be able to provide the required items (and did not provide a quote), and was placed in a binder inside a closed government building on a Saturday with a response due by Monday, did not satisfy competition requirements for solicitations of commercial items using streamlined procedures of FAR 12.6)

Phoenix Environmental Design, Inc., B-413373 (Oct. 14, 2016) (agency's attempted justifications for restricting solicitation to certain brand name items did not have rational basis and did not comply with requirements of FAR Part 13 regarding simplified acquisition procedures)

Red River Waste Solutions, LP, B-411760.2 (Jan. 20, 2016) (in solicitation issued pursuant to FAR Part 12, agency’s market research failed to reasonably support the agency’s determination that the solicitation’s pricing terms were consistent with customary commercial practice)

DRS Technical Services, Inc., B-411573.2, .3 (Nov. 9, 2015) (solicitation’s evaluation scheme failed to account for differences in offerors’ transition plans and effectively penalized offerors that proposed to provide full staffing and operational performance on the first day of the task order and rewarded offers that proposed a phased approach to staffing and performance)

Eastern Forestry, B-411848 (Nov. 9, 2015) (publishing substantive amendment to solicitation at 7 p.m. on eve of 10 a.m. bid opening did not leave bidder sufficient time to submit required hard copy of bid)

XTec, Inc., B-410778.3 (Oct. 1, 2015) (agency’s inadequate advance planning led to issuance (and then cancellation) of solicitation with insufficiently detailed statement of requirements; protester entitled to bid preparation and protest costs)

Harris IT Services Corp., B-411699, -411796 (Oct. 2, 2015) (two solicitations issued to multiple award IDIQ contractors under DHS’s tactical communications (TacCom) program impermissibly (in violation of FASA): (i) contemplate the issuance of what amounts to a single, second-tier IDIQ instrument, under which the agency will place subsequent delivery orders, without providing the multiple-award IDIQ contract holders a subsequent, fair opportunity to compete for those delivery orders; (ii) contemplate the issuance of delivery orders that potentially exceed the scope of the underlying IDIQ contracts; and (iii) include restrictive specifications (effectively limiting competition to Motorola products) that have not been justified)

Global Technical Systems, B-411230.2 (Sep. 9, 2015) (solicitation for engineering services stated only vague requirements and did not contain sufficient information for offerors to compete on  common basis)

SCB Solutions, Inc.--Reconsideration, B- (Aug. 12, 2015) (solicitation did not provide sufficient information for offerors to compete intelligently and on fair and equal basis)

Smith and Nephew, Inc., B-410453 (Jan. 2, 2015) (specification is unduly restrictive of competition where agency has not established it actually needs requirement)

Raymond Express International, B-409872.2 (Nov. 6, 2014) (price evaluation scheme in solicitation is ambiguous)

Iyabak Construction, LLC, B-409196 (Feb. 6, 2014) (agency failed to articulate rational basis for solicitation's refusal to consider experience and past performance even of affiliates with firm commitments to perform part of the work)

Verizon Wireless, B-406854, .2  (Sep. 16, 2012) (solicitation to establish BPAs with FSS contractors for commercial items and services pursuant to FAR subpart 8.4 was not supported by adequate market research to demonstrate that the solicitation terms were consistent with customary commercial practice (and not unduly restrictive of competition) as required by FAR 12.301(a)(2))

Asiel Enterprises, Inc. B-406780, 406836 (Aug. 28, 2012) (Air Force lacked authority to transfer of mission essential food service requirements to NAFI on a non-competitive basis and without a sole-source justification)

Aldevra, B-406774 et al., (Aug. 21, 2012) (VA failed to consider whether FSS solicitation should be set aside for SDVOSBs)

Assisted Housing Services Corp., B-406738, et al., (Aug. 15, 2012) (agency should have issued solicitation for contract administration services rather than using notice of funding availability leading to cooperative agreement)

Clark/Foulger-Pratt JV, B-406627, .2 (July 23, 2012) (no basis in the record for raising awardee's rating or for SSA's conclusion that two offers were technically equal, where that conclusion appeared  to be at variance with contemporaneous record of evaluation)

DNO, Inc., B-406256, .2 (Mar. 22, 2012) (agency did not properly investigate whether solicitation should be set aside for small businesses)

Aldevra, B-406205 (Mar. 14, 2012) (VA failed to consider whether solicitation should be set aside for SDVOSBs)

InfraMap Corp., B-405167.6  (Feb. 6, 2012) (estimate of future underground utility relocation work in solicitation lacked rational basis and likely was significantly understated)

CWTSatoTravel, B-404479.2 (Apr. 22, 2011) (solicitation ambiguous as to whether objectives are optional or required)

USA Jet Airlines, B-404666 (Apr. 1, 2011) (solicitation requirement offerors present evidence of certification under ISO 9001, ISO 9100, or AS 9110 at the time of proposal submission, rather than at the time of award or performance, exceeds agency's minimum needs and unduly restricts competition)

California Industrial Facilities Resources, Inc. d/b/a CAMSS Shelters, B-403397.3 (Mar. 21, 2011) (solicitation that required brand name products without listing salient characteristics that would permit offers of equivalent alternates was unduly restrictive of competition and was issued without an appropriate J&A authorizing such a restriction)

NCS Technologies, B-403435 (Nov. 8, 2010) (solicitation provisions requiring (i) computers and monitors to be from same manufacturer and (ii) computers to have Intel-based microprocessors were unduly restrictive of competition)

Missouri Machinery & Engineering Co., B-403561 (Nov. 18, 2010) (solicitation requirement for vendors to be an original equipment manufacturer's authorized repair facility is unduly restrictive where the agency does not show the requirement is necessary to meet its needs)

Total Health Resources, B-403209 (Oct. 4, 2010) (solicitation requirement for prime's experience is unduly restrictive where agency cannot establish sub's experience would not suffice)

TMI Management Systems, Inc. B-401530 (Sep. 28, 2009) (agency's misclassification of procurement in announcement on FedBizOpps website failed to achieve full and open competition)

TFab Manufacturing, LLC, B-401190 (June 18, 2009) (defective solicitation; improper requirements concerning "Limitations on Subcontracting" clause)

PWC Logistics Services Co., B-400660 (Jan. 6, 2009) (defective solicitation terms re proposal evaluation)

Seaborn Health Care, Inc., B-400429 (Oct. 27, 2008) (improper requirement for non-FSS supervisory services in RFQ limited to FSS contractors)

TYBRIN Corp., B-298364.6, .7 (Mar. 13, 2007) ("Limitation on Subcontracting" clause)

CW Government Travel, Inc.--Reconsideration; B-295530.2, et al, July 25, 2005 (solicitation terms)

Technosource Information Systems, LLC; TrueTandem, LLC, B-405296, .2, .3 (Oct. 17, 2011) (agency failed to establish any legitimate government need for solicitation requirement that any non-U.S.-based cloud computing data centers be located in Trade Agreements Act Designated Countries) 

Flawed Evaluations; Lack of Meaningful Discussions

MVM, Inc., B-421788.3, .4 (Mar. 5, 2024) (record does not establish how agency concluded one of awardee's key personnel met all solicitation's experience requirements; record does not explain how Contracting Officer, who should have been aware of awardee's prior False Claims Act settlement, took that into account in making updated affirmative responsibility determination)

Life Science Logistics, LLC, B-421018.4, .5 (Feb. 27, 2024) (awardee's facility availability letter did not comply with solicitation's requirements; agency failed to engage in meaningful discussions because it did not include a significant weakness in its discussions with protester)

LOGMET LLC, B-422200, .2 (Feb. 21, 2024) (price evaluation in FAR Part 8.4 procurement was flawed because no indication that agency considered whether several labor categories contained in the PWS were within the scope of the supposedly corresponding labor categories contained in the awardee's underlying FSS contract)

Global Patent Solutions, LLC, B-421602.2, .3 (Feb. 23, 2024) (although the Patent and Trademark Office's unique alternative competition method  authorized by The Patent and Trademark Office Efficiency Act (PTOEA) and implemented through section 6.1.1 1 of the PTO Acquisition Guidelines (PTAG) exempts the agency from most requirements of the standard procurement statutes, the PTO is not free to award without regard to whether award is on the basis of the factors stated in the solicitation; awardee's proposal did not comply with solicitation's requirements regarding small business participation)

Conti Federal Services, LLC, B-422162, .2, .3 (Feb. 1, 2024) (flawed cost realism analysis; finding protester's proposed labor rates too low in two categories, agency adjusted them upward to equal protester's own proposed rate for another labor category requiring higher qualifications rather than just to the IGE, which resulted in the protester's not being the lowest offer)

Deloitte Consulting, LLP; Softrams, LLC, B-421801.2, et al. (Jan. 30, 2024) (agency conceded it treated protesters' proposals disparately from awardees' in several areas where agency had assigned strengths only to awardees' proposals where protesters' proposals were not meaningfully different and such disparate treatment was prejudicial given the closeness in rankings of the proposals; agency evaluation failed to take into account that awardee took exception to material solicitation requirement; where solicitation stated price would be evaluated on the basis of an estimated number of hours per labor category the agency cannot choose a different method of price evaluation (even though that method would have been acceptable had it been specified in the solicitation) and decline to estimate hours for the majority of labor categories; agency failed to conduct required qualitative Past Performance evaluation of proposals and record does not support its conclusion that all offerors were equal in this area; best value tradeoff was flawed because it determined preliminary group of awardees based solely on price, the lowest ranked evaluation factor, and then compared the protesters' proposal only in relation to the lowest ranked (i.e. highest priced) proposal in that initial group, based primarily on just counting strengths rather than any real qualitative comparison)

Kauffman and Assocs., Inc., B-421917.2, .3 (Jan. 29, 2024) (agency's assignment of weakness to protester's quotation in Technical evaluation for lack of experience was based on agency's interpretation of solicitation provision that GAO determined to be latently ambiguous; the agency did not evaluate the quotations on an equal basis where it assessed a significant weakness to protester's quotation for failing to outline a plan to track and deploy CEUs, while not assessing a similar significant weakness to awardee's quotation, which proposed a similar plan in this area; unreasonable for agency to assign awardee excellent rating in Personnel evaluation factor when its quotation failed to meet solicitation's requirements in this area; agency erroneously concluded awardee had met solicitation requirements in Management factor; Past Performance evaluation of awardee was flawed because it was based in significant part on experience of proposed project director described in Technical volume of quotation rather than past performance examples included in Administrative volume, which was supposed to source of past performance evaluation; no basis for agency's conclusion that awardee's pricing was fair and reasonable where it did not comply with solicitation requirement that its pricing be in line with its underlying GSA Schedule pricing)

American Material Handling, Inc., B-422171 (Jan. 22, 2024) (in solicitation for a brand name or equal Caterpillar 980 wheel loader, agency rejected quote for failure to comply with salient characteristics of the loader mentioned on the manufacturer's website but nowhere listed as required in the solicitation) 

SierTeK-Peerless JV LLC, B-422086, .2 (Jan. 2, 2024)  (agency failed to adequately document its evaluation of awardee's proposal under the prior experience factor, specifically what led agency to conclude the size of the prior experience projects submitted by the awardee was comparable to the work to be performed under this contract)

Washington Business Dynamics, LLC, B-421953, .2 (Dec. 18, 2023) (no basis for agency's favorable evaluation of awardee's quotation where it failed to address one of technical evaluation factors; agency failed to conduct required qualitative evaluation of quotations)

Chugach Logistics and Facility Services JV, LLC,  B-421451.3, .4 (Sep. 8, 2023) (nothing in the agency record explains why its management approach was identified as having some level of risk, which limited its overall technical rating to Good; past performance rating was flawed because it was based on evaluating one reference contract as relevant instead of very relevant, and agency does not dispute protester's argument but advances a post hoc justification for the rating that is inconsistent with the solicitation's evaluation scheme)

SecuriFense, Inc., B-421818.2, .3, .4 (Oct. 23, 2023) (agency treated offerors differently by downgrading protester for answers during oral presentation that were similar to awardee's; agency applied unstated evaluation factor by assessing decreased confidence to protester's proposal for failing to address items that were not among the evaluation criteria)

RELX Inc., B-421597.2, .3 (Nov. 17, 2023) (in FSS competition, awardee's task order proposal failed to meet several salient characteristics in brand name or equal solicitation and offered some open market items not included in its FSS contract (as did protester's quotation))

Vertex Aerospace, LLC, B-421835, 2., .3 (Nov. 1, 2023) (evaluation of protester's past performance was unreasonable because the agency simply tallied the ratings without considering the relevance of the contracts on which they were received, i.e., the agency unreasonably equalized the various ratings)

Unico Mechanical Corp., B-420355.6, .7 (Aug. 1, 2023) (agency unreasonably granted awardee's request for waiver of Buy America Act on the basis that pricing of allegedly sole domestic supplier was unreasonable without including protester in market survey or requesting pricing information from protester, when agency recognized protester was also a domestic supplier of items in question; agency's assignment of weaknesses to protester's work plan was unreasonable because (a) protester's proposal of a 30-day review period for submittals exactly coincided with the time period the solicitation stated would be "adequate," (b) protester's proposal described required coordination between its staff and agency's staff, and there is no evidence in record that agency considered those descriptions)

Federal Information Systems, Inc., B-421567, .2 (July 5, 2023)(agency's assignment of "good" rating to awardee's technical proposal lacked a rational basis because agency, itself, had concluded that the proposed labor categories did not meet the requirements of the SOW)

MPZA, LLC, B-421568, .2 (July 3, 2023)(no documentation of price realism analysis to enable GAO to determine whether the evaluation was reasonable)

RTD Middleburg Heights, LLC, B-421477, .2 (May 31, 2023) (no explanation in record for agency's failure to include relocation and replication costs in price evaluation despite the fact that solicitation contemplated it would do so; no evidence in record for agency's contention that error in evaluating certain costs would not have affected outcome)

Phoenix Data Security, Inc., et al., B-419956.200 et al. (July 10, 2023) (sustains consolidated protests against agency's elimination of proposals in phase 1 of CIO-SP4 competition because neither the record provided by the agency nor the agency’s responses to the protests show that the evaluations and exclusion decisions were reasonable)

Systems Plus, Inc., et al., B-419956.184 , et al. (June 29, 2023) (sustains consolidated protests against agency's elimination of proposals in phase 1 of CIO-SP4 competition because neither the record provided by the agency nor the agency’s responses to the protests show that the evaluations and exclusion decisions were reasonable, and the agency’s initial explanations of the record were incomplete and misleading, as shown by the significant revisions made to the agency’s responses to some of the protesters’ allegations)

TRAX Int'l Corp, B-421361.7, .8 (June 28, 2023) (awardee ineligible for failure to provide its own disclosure statement; evaluation of awardee's program management office contained error of fact concerning escalation of labor rates; agency failed to discuss with protester certain costs agency considered unrealistic and conducted final round of discussions with awardee alone; agency conducted "fair and reasonable" price analysis rather than required cost realism analysis of direct labor rates)

BOF GA Lenox Park, LLC, B-421522 (June 20, 2023) (protester is interested party even if its proposal was unacceptable for failure to comply with requirement to submit evidence of registration in SAM database because agency did not evaluate any proposals besides awardee's for technical acceptability; in solicitation for leased office space in Atlanta, awardee did not satisfy solicitation requirement for proximity to bus rapid transit stop because no such stops exist in Atlanta, but because lease did not contain termination for convenience clause, GAO recommends only that protester be reimbursed only its proposal preparation and bid protest costs) 

IBM Corp., IBM Consulting--Federal, B-421471, .2, .3, .4 (June 1, 2023) (agency's method of price realism evaluation (comparing bidders' prices to IGE on a CLIN by CLIN basis) failed to account for the fact that awardee's proposed work structure for pricing of two CLINs included work under a third CLIN, which meant that awardee's pricing for those three CLINs as a group was lower compared to the IGE than the agency's evaluation suggested.

Tyonek Eng'g & Agile Mfg., LLC, B-421547, .2  (May 26, 2023) (record lacks evidence that price evaluation was reasonable because it is internally inconsistent and inadequately documented; misleading discussions where agency failed to alert protester to true area of concern with its price)

Sparksoft Corp., B-421458, .2, .3 (May 22, 2023) (agency's evaluation of awardee's corporate experience was inconsistent with solicitation's evaluation scheme and lacked rational basis in record; source selection authority incorrectly concluded weakness noted by evaluators in awardee's oral presentation was due to a lack of clarity with the agency's challenge question to the awardee)

Veterans Management Services, Inc., B-421070.4 (May 8, 2023) (in FAR 52.222-46 evaluation, agency (a) improperly used vendors’ total evaluated prices and fully burdened labor rates instead of evaluating vendors’ salary compensation for their employees and (b) improperly considered labor categories that do not qualify as professional employees under the provision)

IDEMIA National Security Solutions, LLC, B-421418, .2 (May 1, 2023) (agency admitted error in evaluating teaming agreement as part of protester's proposal under past performance demonstrating past experience factor, and error was prejudicial)

Aptim-Amentum Alaska Decommissioning, LLC, B-420993.3 (Apr. 26, 2023) (awardee's proposal failed to meet material solicitation requirement to include key personnel retention plan)

Spectrum Healthcare Resources, Inc., B-421325 (Mar. 2, 2023) (agency's evaluation of protester's proposal under technical capability factor, which was only supposed to consider verifiable experience examples, improperly conflated considerations from the staffing and management approach evaluation factor, which was inconsistent with solicitation's evaluation scheme)

BC Site Services, LLC, B-420797.4, .5 (Mar. 21, 2023) (agency's discussions with protester were not meaningful because it failed to alert protester to information missing from its proposal in most important evaluation factor)

ManTech Advanced Systems International, Inc., B-419657  (June 21, 2021) (no adequate record that agency's evaluation of awardee's proposed labor rates for positions that were currently being filled by incumbent personnel complied with the requirements of FAR 52.222-46 ("Evaluation of Compensation for Professional Services")) 

General Dynamics Information Technology, Inc., B-421290, .2 (Mar. 1, 2023) (agency did not reasonably explain why the awardee’s past performance and experience references were considered relevant)

AttainX, Inc., B-421216, .2 (Jan. 23 2023) (agency violated SBA regulations for mentor-protégé  JVs by failing to evaluate experience of individual members of 8(a) JV awardee when JV, itself, lacked experience; agency miscalculated the number of full-time equivalent staff in the awardee’s price quotation and used this incorrect number to determine the awardee’s staffing level was realistic)

AT&T Corp., B-421195, .2 (Jan. 17, 2023) (no explanation in contemporaneous record for why SSA removed numerous strengths assigned to protester's proposal by evaluators)

RemedyBiz, Inc., B-421196 (Jan. 17, 2023) (no adequate explanation in record for past experience evaluation)

Sparksoft Corp., B-420944.2, .4 (Dec. 27, 2022) (agency unreasonably assigned strength to awardee's proposal based upon an assumption, not anything stated in that proposal and then treated offerors unequally by assigning a weakness to protester's proposal because it could not make any assumptions concerning it; no rationale in the record to explain agency's conclusion that awardee would be able to easily overcome evaluated weaknesses in its proposal related to lack of corporate experience)

Spatial Front, Inc., B-420921.2, .3 (Dec. 21, 2022) (no basis for agency's determination that labor categories proposed by awardee for task order award were within scope of awardee's FSS contract)

ASRC Federal Data Solutions, LLC, B-421008. .2, .3 (Dec. 2, 2022) (awardee's proposal contained material misrepresentation of availability of key personnel, which affected evaluation)

KPMG LLP, B-420949, .2 (Nov. 7, 2022)  (in solicitation that contained unchallenged patent ambiguity concerning which of two stated evaluation methods agency would use, agency was free to choose either and chose best-value tradeoff method, but then failed to consider price and failed to compare technical aspects of competing proposals)

CharDonnay Dialysis, LLC, B-420910, .2 (Oct. 27, 2022) (tradeoff analysis concluded proposals were technically equal without qualitatively comparing the underlying merits of the proposals)

Guidehouse LLP: Jacobs Technology, Inc., B-429860.1, .2,.3 (Oct. 13, 2022) (record does not show that agency conducted evaluation of professional employee compensation plans in accordance with FAR 52.222-46)

Tech Marine Business, Inc., B-420872, .2, .3 (Oct. 14, 2022) (agency failed to adequately document or explain rationale for evaluation of protester's technical proposal)

R&K Enterprise Solutions, Inc., B-419919.6, .7, .8 (Sep. 12, 2022) (best-value tradeoff failed to qualitatively compare proposals before selecting higher-rated, higher-priced proposal)

WHR Group, Inc., B-420776, .2 (Aug. 30, 2022) (agency failed to justify "acceptable" evaluation of protester's technical approach (which had eight strengths and no weaknesses) where RFQ established that a rating of "outstanding" was to be assigned where, strengths "far outweigh any weaknesses," while an "acceptable" rating was appropriate where strengths and weaknesses are "offsetting or will have little or no impact on contract performance"; in conducting best-value tradeoff, SSA improperly decreased the relative importance of the technical approach and past performance factors, and improperly increased the relative importance of price, from that set forth in the RFQ)

Piedmont Propulsion Systems, LLC v. United States, No. 23-330 (Aug. 21, 2023) (successful preaward protest; requirement that awardee be either OEM or licensed by the OEM to supply the contract items unduly restricts competition because agency did not know what benefits licensing provided and did not obtain information from the OEM clearly indicating licensing was required to meet agency's minimum needs)

ISHPI Information Technologies, Inc., B-420718.2, .3 (July 29, 2022) (agency established BPA with, and issued two task orders to, firm whose quotation proposed some personnel that failed to meet the solicitation's mandatory minimum education and experience requirements)

Apprio, Inc., B-420627 (June 30, 2022) (agency's cost realism evaluation of awardee's proposal cannot be shown to be reasonable because nothing in the administrative record indicates that the agency actually considered the awardee's direct labor rates (e.g., whether the awardee's proposed rates were sufficient to retain incumbent staff) or the fact that it did not escalate those rates in the option years; it was insufficient to conclude that the awardee's proposed rates were realistic based solely on the fact that they were "within the standard deviation" of the rates offered by all proposers; the agency was simply wrong to conclude that the protester deserved a weakness under the Corporate Experience factor for failing to provide examples of its experience with "the delivery of instruction," when it had in fact submitted multiple examples of that experience)

Chicago American Mfg. LLC, B-420533, .2 (May 23, 2022) (awardee quoted item that was not on its GSA schedule as required by FSS solicitation)

Seaward Services, Inc., B-420580, .2 (June 13, 2022) (lack of evidence in record (including the awardee's proposal) for agency's decision to assign awardee two strengths in the technical evaluation while assigning protester's proposal only one strength for providing far more information concerning its relevant experience)

Sabre Systems, Inc., B-420090.3  (June 1, 2022) (agency’s evaluation of awardee’s proposed professional compensation plan relied on unreasonable interpretation of the term "professional employee" to exclude certain categories of workers)

Sehlke Consulting, LLC, B-420538 (May 18, 2022) (agency awarded to offeror whose proposal was unacceptable because agency knew prior to completing evaluation that proposed key personnel had submitted letter of resignation and would be unavailable to perform contract)

AT&T Mobility LLC, B-420494 (May 10, 2022) (agency evaluated technical proposals only on a pass/fail basis rather than conducting a qualitative evaluation as required by the solicitation; agency awarded to lowest-priced, technically acceptable proposal rather than conducting best-value tradeoff analysis to look behind adjectival ratings and determine qualitative differences between technical proposals)

Rice Solutions, LLC, B-420475 (Apr. 25, 2022) (agency conducted discussions only with awardee in a situation where the record does not support the agency's contention that it had established a competitive range (of one) before conducting those discussions)

CACI, Inc.-Federal, B-420441, .2, .3 (Apr. 7, 2022) (solicitation clearly provided that most important factor, Corporate Experience, would be evaluated on a qualitative basis, which the agency failed to do by evaluating only on a Pass/Fail basis)

Starlight Corp., B-420267.3, .4 (Mar. 14, 2022) (insufficient documentation in record for GAO to determine whether agency's conclusion (that awardee's past performance examples were relevant) had rational basis; evaluators improperly downgraded ratings in one of protester's PPQs for lack of a narrative, when the PPQ did not require one)

Eccalon LLC, B-530397, .2 (Jam. 24, 2022) (agency used evaluation factor neither expressly mentioned in the RFQ nor reasonably related to stated evaluation factors; no basis in record for source selection authority's disagreement with the source evaluation board's evaluation of a risk associated with awardee's proposal)

Insight Technology Solutions, Inc., B-420133.2, .3, .4 (Dec. 20, 2021) (agency unreasonably relied on awardee's material misrepresentation in its management proposal of experience of one of its key personnel; disparate treatment where agency found aspects of the awardee’s proposal to be advantageous, but did not make the same findings regarding the protester’s proposal for substantially indistinguishable features)

Vertex Aerospace, LLC, B-420073, .2 (Nov. 23, 2021) (record is insufficient to conclude agency reasonably considered effect of recent acquisition of awardee by another firm on its ability to perform task order)

Science Applications International Corp., B-420005, .2, .3 (Oct. 27, 2021) (lack of meaningful discussions because agency failed to notify protester during discussions that agency had found its prices to be unreasonably high; agency solicited, but then largely ignored, information from offerors that would have enabled agency to determine whether offered prices were fair and reasonable)

Microsoft Corp., B-420004, .2  (Oct. 29, 2021) ((i) agency's assignment of significant risk to one aspect of protester's technical proposal was based upon (a) the false premise that it had a contractual relationship with another firm and (b) an inaccurate and unreasonable reading of the protester's proposal; (ii) agency failed to evaluate proposals regarding latency values on common basis because awardee's proposal was based on estimated values while protester's was based on actual values, and significant strength awarded to awardee's proposal for its estimated values was unreasonable)

WRGA Fire Training Simulation Solutions, Inc., B-419480.3, .4, .5 (Nov. 19, 2021) (no justification i record for agency's conclusion that awardee satisfied material solicitation requirement to provide restrooms in a permanent structure)

Ashlin Management Group, B-418742.3, .4 (Nov. 4, 2021) (awardee’s proposal is unacceptable because awardee failed to notify agency that a quoted key person became unavailable during corrective action period)

Northrop Grumman Systems Corp.--Mission Systems, B-419560.6  (Aug. 18, 2021) (agency found awardee's proposal acceptable despite fact that it did not did not describe an approach that actually met certain solicitation requirements)

Academy Leadership, LLC, B-419705.2 (Sep. 30, 2021) (under simplified acquisition procedures, agency communication to eventual awardee that its price was significantly higher than the prices of the other offerors, coupled with the question "is this the best offer you can provide?" constituted discussions and agency's failure then to inquire about the aspect of protester's proposal with which agency had greatest concerns constituted lack of meaningful discussions with protester)

MetroStar Systems, Inc., B-419890, .2 (Sep. 13, 2021) (no basis in record for strength agency identified in awardee's proposal))

Marquis Solutions, LLC, B-419891, .2 (Sep. 14, 2021) (record lacks explanation of how agency reached negative conclusions concerning protester's quotation and agency reached different conclusions concerning similar aspects of awardee's quotation)

Alpha Omega Integration, LLC, B-419812, .2 (Aug. 10, 2021) (source selection tradeoff analysis does not explain, beyond references to the adjectival ratings, the capabilities or features identified to justify the award decision)

Deloitte Consulting, LLP, B-418321.5, .6 (Aug. 19, 2021) (incumbent/awardee's proposal failed to comply with explicit solicitation requirement to propose "all transition costs along with full performance of the PWS requirements")

Sunglim Eng'g & Constr. Co., B-419067.3 (Aug. 6, 2021) (agency failed to conduct meaningful discussions with protester because significant weaknesses that should have been identified and disclosed during an agency’s initial evaluation, but were not, formed the basis for downgrading protester's (unchanged) revised proposal)

Mayvin, Inc., B-419301.6, .7 (June 29, 2021) (agency evaluated quotations disparately by assigning a significant benefit to the awardee’s quotation, but not the protester’s, for substantively indistinguishable features of the vendors’ employee recruitment and retention plans)

Yang Enterprises, Inc., B-418922.4, .6 (May 20, 2021) (agency acted inconsistently with solicitation's evaluation scheme by crediting awardee with past performance of large business mentor of joint venture in areas where it was not proposed to perform on contract at issue)

DigiFlight, Inc., B-419590, .2 (May 24, 2021) (disparate treatment where the agency assessed a strength in the awardee’s quotation but not in the protester’s for substantively indistinguishable features of the vendors’ employee retention plans)

PAE National Security Solutions, LLC, B-419207.2, .3, .4 (May 19, 2021) (agency applied unstated evaluation considerations in areas of "continuous vetting" and "experience" and also otherwise evaluated the quotations disparately in areas of proposed staff size and retention rates)

AECOM Management Services, Inc., B-418828.4, .5, .6 (Mar. 17, 2021) (in solicitation under FAR Part 16, agency conducted discussions with multiple offerors, but only permitted the eventual awardee to revise its proposal substantially)

TekSynap Corp., B-419464, .2 (Mar. 19, 2021) (agency unreasonably evaluated awardee's proposal that failed to meet a mandatory key personnel requirement; agency did not rate protester's technical proposal as highly as solicitation's evaluation criteria would require)

Vectrus Mission Solutions Corp., B-418942, .2, .3 (Oct. 27, 2020) (agency improperly made an upward "most probable cost" adjustment to a proposed cost that the protester legally bound itself to absorb during contract performance)

Public Properties, LLC, B-419414, .2 (Feb. 9, 2021) (record does not indicate that agency (as it was required to do by solicitation) evaluated potential impact of fact that portion of awardee's proposed land was in 100-year floodplain; in numerous instances, no record to show that agency evaluated various technical aspects of offerors' proposals)

FreeAlliance.com, LLC; Radus Software LLC/Radus CTA; Mobomo, LLC, B-419201.3, .4, .5, .6, .7 (Jan, 19, 2021) (agency applied unstated evaluation criteria in the evaluation under the key personnel experience and past performance evaluation factors; agency did not adequately document the basis for assigning adjectival ratings for the technical evaluation; agency concedes it made an error in evaluating protester's price quotation which resulted in protester improperly being eliminated from award consideration; best-value tradeoff and the award decision did not explain why higher-priced, higher technically rated quotations were worth a price premium as compared to lower-priced, lower technically rated quotations) 

GOV National Healthcare Drive, LLC, B-419258, .2, .3 (Jan. 14, 2021) (during discussions, agency failed to alert protester to any weaknesses or deficiencies identified in its proposal)

Crowley Government Services, Inc; Petro Star, Inc., B-419347, .2, .3  (Jan. 25, 2021) (agency failed to evaluate prices in accordance with methodology stated in solicitation)

Innovative Management & Technology Approaches, Inc., B-418823.3, .4 (Jan. 8, 2021) (awardee's quotation included an assumption that took exception to material solicitation requirements, and the agency conducted impermissible and unequal discussions in allowing awardee to remove this assumption from its quotation prior to award)

OneSource PCS, LLC, B-419222 (Jan. 6, 2021) (agency’s evaluation of awardee's past performance references as experience that was relevant to the PWS requirements was inconsistent with the terms of the solicitation, and the agency’s finding that the awardee’s past performance references were relevant was unreasonable)

DevTech Systems, Inc., B-418273.3 , .4 (Dec. 22, 2020) (agency conducted unequal discussions where agency requested that the awardee confirm that its proposed subcontractors would comply with a cost ceiling, but did not provide the protester with an opportunity for discussions; agency unreasonably evaluated the realism of offerors’ proposed costs where the agency concedes that errors were made in the evaluation, and other areas of the evaluation are not supported by the record)

Hoover Properties, B-418844, .2 (Sep. 28,2020) (in procurement for leased office space, agency did not adequately document its basis for the relocation and move-related costs that it added to the protester’s proposal during its price evaluation)

Pasha Hawaii Holdings LLC, B-419020, .2, .3 (Nov. 25, 2020) (past performance and technical evaluation inconsistent with terms of solicitation; price realism flawed where record does not reflect that agency considered risk of awardee's low-priced proposal; solicitation contained latent ambiguity concerning crew requirements)

QBase, LLC, et al., B-416377.9-.14 (Nov. 13, 2020) (agency's evaluation treated one protester's proposal unequally with those of other offerors who received higher credit for proposing the same thing; agency "performed a mechanical tradeoff that relied exclusively on adjectival ratings, excluded technically acceptable proposals without any consideration of the price of those proposals, and, in general, did not meaningfully consider price")

Connected Global Solutions, LLC, B-418266.4, .7 (Oct. 21, 2020) (improper affirmative responsibility determination--awardee's statements concerning responsibility conflicted with representations in its technical proposal; agency failed to adequately document oral discussions; agency disparately evaluated technical capability proposals, which tainted best value tradeoff determination)

HomeSafe Alliance, LLC, B-418266.5, .6, .8 (Oct. 21, 2020) (improper affirmative responsibility determination--awardee's statements concerning responsibility conflicted with representations in its technical proposal; agency failed to adequately document oral discussions; agency conducted misleading discussion with protester by repeatedly informing it that its total evaluated proposed price seemed high when, in fact, it was low compared to that of other offerors; agency disparately evaluated technical capability proposals, which tainted best value tradeoff determination)

Weston-ER Federal Services, LLC, B-418509, .2 (June 1, 2020) (agency evaluated proposals disparately and not in accordance with the solicitation's requirements in the past performance and previous experience factors)

Knight Point Systems, LLC, B-418746 (Aug. 24, 2020) (agency excluded proposal from competition based on erroneous decision that parent company rather than protester was the entity submitting the quotation)

Evergreen JV, B-418475.4 (Sep. 23, 2020) (agency evaluated protester's statement of qualifications in a manner inconsistent with the stated evaluation criteria in a synopsis for A/E services)

Patronus Systems, Inc., B-418784, .2 (Sep. 3, 2020) (agency unreasonably concluded that the awardee’s revised technical proposal resolved deficiency in its initial proposal; agency’s evaluation of inconsistencies between the labor hours proposed in the awardee’s technical and price proposals was unreasonable and inadequately documented)

Business Integra Technology Solutions, Inc., B-418377.7, .8, .9 (July 7, 2020) (in reevaluation agency performed as corrective action in response to prior protest, agency improperly (i) rated awardee's Past Performance highly on basis of contracts that were much smaller than the current order, in violation of solicitation requirement;  (ii) assigned "weakness" to protester's proposal for proposing an innovation that the agency did not believe was actually one, when solicitation only contemplated assigning strengths for innovations, not weaknesses for failure to propose them; (iii) based its new source selection decision in part on superseded evaluation; and (iv) failed to comply with solicitation's requirements to consider "total" price in best value price/technical trade-off)

Avionic Instruments, LLC, B-418604, .2 (June 30, 2020) (no contemporaneous explanation in record for (i) crediting awardee with experience beyond that stated in its proposal and (ii) failing to credit protester for demonstrating that it could timely deliver a product manufactured in its own facilities)

Leumas Residential, LLC, B-418635 (July 14, 2020) (record did not support agency's negative evaluation of protester's proposal in several areas)

M.C. Dean, Inc., B-418553, .2 (June 15, 2020) (awardee had actual knowledge prior to award that its Program Manager had been denied required security clearance but failed to notify agency)

Battelle Memorial Institute, B-418047.3, .4 (May 18, 2020) (disparate treatment in evaluation; agency assigned protester weakness for failure to address area that awardee also failed to address without receiving a similar demerit)

Leidos Innovations Corp., B-417568.3, .4 (May 11, 2020) (contrary to requirements of solicitation, agency failed to consider information submitted by protester in Q&A session and information submitted by awardee during subsequent discussions with it)

IAP Worldwide Services, Inc., B-417824, .2 (Nov. 13, 2019) (evaluated strength for  awardee's proposal that had no relevance to work required by current solicitation; no explanation for assigning evaluated strength to awardee's decision not to subcontract)

MetroStar Systems, Inc., B-416377.5, .8 (April 2, 2020) (agency improperly credited awardees with certifications that applied only to their affiliates; agency improperly credited awardee with corporate experience and past performance of affiliates that were not shown to be contributing to current contract effort)

Addx Corp., B-417804, .2, .3 (Nov. 5, 2019) (agency applied an unstated evaluation criterion in past performance evaluation and unreasonably evaluated the responses provided in past performance questionnaires;  agency failed to perform and document any analysis that considered the protester’s lower proposed cost in its decision to eliminate the protester’s proposal from the competition)

Deloitte Consulting LLP, B-417988.2, .3, .4  (Mar. 23, 2020) (award to firm that took exception to solicitation's material delivery requirement; award decision failed to adequately address the evaluated differences between the quotations and why the protester’s higher-rated quotation was not worth a price premium)

CEdge Software Consultants, LLC, B-418128.2, .3, .4, .5 (Mar. 29, 2020) (no evidence in the record showing that the agency performed a qualitative assessment of the merits of the vendors’ differing technical approaches as required by the solicitation)

Sayres & Assocs. Corp., B-418374 (Mar. 30, 2020) (agency’s cost realism evaluation failed to reasonably evaluate the protester’s proposed escalation rate or explain how the agency determined that the historical data and narrative provided by the protester to justify its rate was inadequate)

Fluor Intercontinental, Inc.--Advisory Opinion, B-417506.14 (Nov. 5, 2019) (agency did not evaluate the awardee’s fixed-price contract line item for reasonableness as required by the solicitation)

Ohio KePRO, Inc., B-417836, .2 (Nov. 18, 2019) (agency’s cost realism evaluation flawed where the agency failed to reasonably evaluate protester’s proposed direct labor rates and assess the realism of the offeror’s proposed level of effort; agency’s technical evaluation is flawed where the agency failed to reasonably evaluate the awardee’s proposed level of effort; agency’s evaluation of awardee's is flawed where the agency failed to adequately document its conclusion that the awardee’s proposal demonstrated the required experience)

PMSI, LLC d/b/a Optum Workers' Compensation Services of Florida, B-417237.2, .3, .4 (Jan. 29, 2020) (agency improperly (i) interpreted the solicitation as requiring a certain type of drug utilization review services, credited the awardee and the protester with having offered these services when they had not actually done so, and gave the awardee more credit than the protester for allegedly offering these services; agency improperly added amount to protester's total evaluated price for the services it had not proposed)

Inquiries, Inc., B-417415.2  (Dec. 30, 2019) (agency did not meaningfully consider potential organizational conflicts of interest arising from awardee's subcontractor's prior and ongoing work on other contracts; in service contract, agency’s evaluation of  awardee’s compensation of professional employees improperly relied on comparison of offerors’ burdened labor rates, rather than salary ranges and fringe benefits, as would be required under FAR 52.222-46)

IT Objects, LLC, B-418012, .2 (Jan. 2, 2020) (awardee’s proposal did not provide a letter of commitment for an individual proposed for a key personnel position, and thus failed to satisfy a material solicitation requirement)

T3I Solutions, LLC, B-418034, .2 (Dec. 13, 2019) (flawed evaluation; awardee's misrepresentation of availability of incumbent staff member had material effect on evaluation of its proposal as technically acceptable)

Qi Tech, LLC, B-416711.8, .9 (Nov. 27, 2019) (agency had treated a proposal weakness concerning the awardee's retention rate of SCA personnel as having been resolved simply because the awardee removed the adverse information from its revised proposal)

Vane Line Bunkering, Inc., B-417859, .2 (Nov. 22, 2019) (agency failed consider evidence in awardee's proposal that cast doubt on its ability to meet technical requirement in solicitation; record does not (a) confirm awardee was the contractor on its past performance references or (b) support reasonableness of crediting it for past performance of its subsidiaries)

High Noon Unlimited, Inc., B-417830 (Nov. 15, 2019) (without explanation, agency weighed awardee's product without attaching required part in order to determine that it met solicitation's weight requirement)

MCR Federal, LLC, B-416654.2, .3 (Dec. 18, 2018) (in a solicitation issued pursuant to FAR 16.5 for a task order under an IDIQ contract, agency failed to provide firm sufficient time to revise its proposal to respond to concerns raised by the agency during discussions, given the nature and magnitude of those concerns)

Tyonek Global Services, LLC; Depot Aviation Solutions, LLC, B-417188.2, .3, .4, .5 (Oct. 4, 2019) (agency used inconsistent standard in evaluating relevancy of awardee's past performance; agency failed to conduct any meaningful analysis to assess realism of awardee's proposed overhead rates)

Harmonia Holdings Group, LLC, B-417475.3, .4 (Sep. 23, 2019) (agency's cost evaluation of labor rates lacked rational basis because it concluded the difference between offered prices for one optional CLIN was negligible based only on a small sample of the proposed labor rates (with no explanation as to how that sample was selected) and only for the base year of a task order that included four one-year options where the agency conceded the optional CLINs were not an indication of what the final price would be and where the agency did not take into account other differences in the competing offerors' proposals that might affect the price evaluation; past performance evaluation of competing proposals is unreasonable because evaluation documents do not contain any discussion about whether and how the agency followed solicitation requirements to evaluate the degree to which the references identified by the competitors were similar in size, scope, and complexity to the requirements of the solicitation; agency's assignment of several weaknesses to protester's proposal in non-price areas was unreasonable, inconsistent with the terms of the solicitation, and inadequately documented, agency's discussion of those ratings during the protest is generally vague and does not meaningfully explain the assessment of these weaknesses)  

JMark Services, Inc., B-417331.2 (July 22, 2019) (agency had no rational basis to conclude that vendors were equal under the past performance evaluation factor)

Valkyrie Enterprises, LLC, B-415633.3 (July 11, 2019) (flawed cost realism analysis; agency lacked reasonable basis for finding protester's proposed direct labor rates unrealistic because agency’s refusal to consider protester's current payroll data was inconsistent with the cost realism evaluation methodology described in solicitation)

ATA Aerospace, LLC, B-417427 (July 2, 2019) (flawed cost realism analysis; no basis in record for agency's conclusion that both offerors' proposed labor hours were consistent with historical data from predecessor contract when one offeror proposed twice labor hours as the other did)

Peraton, Inc., B-417358, .2  (June 11, 2019) (agency's conclusion that awardee's proposal met solicitation requirement for small business participation was inconsistent with the clear meaning of the solicitation, unreasonable, and undocumented)

Information International Assocs., B-416826.2, .3, .4 (May 28, 2019) (agency unreasonably evaluated awardee’s proposal as containing a strength where the added benefit identified by the agency was either not consistent with the terms of the solicitation or not adequately supported by the record, and agency unreasonably evaluated the protester’s proposal as containing a weakness where the awardee’s proposal was not materially different from the protester’s and only the protester’s proposal was assessed a weakness)

BDO USA, LLP, B-416504.2 (May 22, 2019) (agency determined proposal to be ineligible for award without considering certain relevant information submitted by protester to establish it met solicitation's facility security clearance requirements)

Barbaricum LLC, B-416728, .2 (Dec. 3, 2018) (record does not establish that agency's evaluation of awardee's proposed labor hours and staffing plan as technically acceptable complied with solicitation's evaluation scheme)

Total Home Health, B-417283, .2 (Apr. 26, 2019) (agency engaged in misleading discussions by advising protester that it was concerned with three areas of the protester’s price in a manner that misled the protester into believing a revision in only those three areas would increase its chances for award)

VariQ Corp., B-417135 (Mar. 18, 2019) (where quotation did not include specific information showing that proposed key person met minimum experience requirements of RFQ, unreasonable for evaluator to assume requirement was met based on evaluator's own personal experiences in a job with the same job title as the one listed in the resume)

Cognosante, LLC, B-417111, .3, .4 (Feb. 21, 2019) (agency did not evaluate final offers for price reasonableness, contravening FAR § 15.404-1(b)(2)(i); agency's award of strength to awardee for its proposed method of crediting the agency for failure to propose qualified candidates in a timely manner was not reasonably related to solicitation requirement that proposals be evaluated in terms of how the offeror would attract, recruit and retain the workforce necessary to perform the requirements at its proposed labor rates; agency used different levels of scrutiny to evaluate awardee's versus protester's proposal)

AlliantCorps, LLC, B-417126, .3, .4  (Feb. 27, 2019) (agency waived a material past experience requirement only for awardee without notifying all vendors of the waiver), subsequently, based on additional information, GAO withdrew recommended remedies

Native Energy & Technology, Inc., B-416783, .2, .3, .4 ( Dec. 13, 2018) (agency assigned strengths to awardee's technical proposal for features not listed there, which agency inferred awardee would provide based on its work as incumbent)

Hope Village, Inc., B-414342.2, .3, .4 (Feb. 21, 2019) (awardee failed to provide proof of right to use facility in form required by solicitation and record is devoid of evidence agency complied with solicitation requirement to assess the awardee's right to use facility)

Apogee Engineering, LLC, B-414829.2, .3 (Feb. 21, 2019) (flawed price realism analysis: agency failed to consider awardee's lower pricing in context of its technical approach; source selection authority found the proposals technically equal by simply comparing adjectival ratings without qualitatively assessing the underlying merits of the technical proposals)

OGSystems, LLC, B-417026, et al. (Jan. 22, 2019) (neither contemporaneous record nor agency's response to protest adequately explains how risks originally assigned by evaluators to awardee's technical proposal were resolved to agency's satisfaction)

Cyberdata Technologies, Inc., B-417084 (Feb. 6, 2019) (record contains no evidence in source source decision that agency looked behind adjectival ratings to evaluate substantive strengths of competing proposals)

The Lioce Group, B-416896 (Jan. 7, 2019) (agency rejected proposal as technically unacceptable for failing to offer feature solicitation only described as "highly desired")

Bristol Environmental Remediation Services, LLC, B-416980, .2 (Jan. 16, 2019) (agency's concedes three of five weaknesses ascribed to protester's proposal were erroneously labeled as such; agency disparately evaluated protester's proposal and that of awardee with regard to one other of five weaknesses; agency failed to conduct meaningful discussions with protester with regard to final alleged weakness when protester's proposed approach seemed to have met the parameters of the solicitation)

Soft Tech Consulting, Inc., B-416934 (Jan. 15, 2019) (agency's evaluation documentation inadequate to support its disparate treatment of the quotations of the protester and awardee with regard to the solicitation's minimum experience requirements for mid- to senior-level personnel)

Sev1Tech, B-416811, .2 (December 18, 2018) (awardee’s proposal misrepresented that it had already negotiated contingent offers of employment when it had not, and awardee did not obtain prior consent from incumbent staff to use their resumes in its proposal)

ManTech  Advanced Systems International, Inc., B-416734 (Nov. 27, 2018) (agency unequally evaluated quotations when both the protester and awardee did not propose retention techniques focused on cleared personnel but only the protester’s quotation was evaluated as having a weakness in that area)

Shearwater Mission Support, LLC, B-416717 (Nov. 20, 2018) (agency's discussion questions suggesting protester's prices were unreasonably low were misleading because they were based on a price realism analysis that was not contemplated by the solicitation for a fixed-price contract)

AOC Connect, LLC, B-416658, .2 (Nov. 8, 2018) (contemporaneous evaluation record contains no evidence that agency considered awardee's proposed staffing by non-key personnel)

Ekagra Software Technologies, Ltd., B-415978.3, .4 (Oct. 25, 2018) (agency's negative evaluation of protester's quotation under Organizational Experience factor was inadequately documented and unreasonable; agency failed to demonstrate it had evaluated experience of personnel proposed by awardee consistently with solicitation's minimum personnel requirements)

OGSystems, LLC, B-414672.6, .9 (Oct. 10, 2018) (no meaningful explanation in the contemporaneous record for SSEB's decision to remove strength assigned to proposal by Technical Evaluation Board)

Solers, Inc., B-414672.3, .8 (Oct. 9, 2018) (inconsistent evaluation: in evaluating protester's proposal, and those of several other offerors, SSEB repeatedly concluded that a strength increased the probability of successful performance only to assign a rating of acceptable on the basis that the strength would have little or no impact on contract performance)

Novetta, Inc., B-414672.4, .7 (Oct. 9, 2018)  (no meaningful explanation in the contemporaneous record for SSEB's decision to remove strength assigned to proposal by Technical Evaluation Board)

Technatomy Corp., B-414672.5 (Oct. 10, 2018) (in solicitation with many offerors and multiple awardees, agency failed to compare offered prices pursuant to FAR 15.404-1(b)(2)(i) to determine whether offered prices were fair and reasonable)

Millennium Corp., B-416485.2  (Oct. 1, 2018) (language of multiple-award solicitation regarding CPAR categories agency would use to score proposals was latently ambiguous; GAO recommends agency rescore protester's proposal using protester's reasonable interpretation of solicitation and make an additional award if rescoring places it among highest-rated proposals)

US21, Inc., B-415045.9 (Sep. 10, 2018) (agency's evaluation of awardee's proposal under Past Performance factor inconsistent with solicitation's relevancy requirements and contemporaneous record does not support agency's contention during protest that it considered additional examples mentioned in awardee's proposal)

Veteran Technology Integrators, LLC, B-415716.3  (June 20, 2018) (agency erred in excluding proposal from competition for failure to provide subcontract number for one past performance reference when (i) the original subcontract did not have an identifying number; (ii) protester's  proposal contained sufficient information concerning the subcontract for agency to evaluate subcontract's contribution to protester's past performance and experience; and (iii) identifying information provided in proposal concerning that subcontract did not violate any of the solicitation's instructions) 

United Valve Co., B-416277, .2 (July 27, 2018) (agency made award for source controlled item to company with different CAGE code than the one required by solicitation without adequate investigation whether that firm was the same legal entity as firm with correct CAGE code)

ENSCO, Inc., B-414844.4, .5, .6 (July 5, 2018) (flawed cost realism analysis: agency's evaluation and adjustment of proposed direct labor rates only for those employees for whom DCAA rates were available, without any other analysis of individual direct labor rates, was arbitrary and irrational; agency assessed greater confidence to competitor's proposed approach of recruiting incumbent's employees without analyzing impact of firm's lower proposed direct rates on its ability to recruit)

Will Technology, Inc.; Paragon TEC, Inc., B-413139.4, .5, .6 (June 11, 2018) (unequal evaluation of proposals: awardee's representations accepted at face value while those in protesters' proposals were subjected to stricter standard)

VariQ Corp., B-414650.11, .15 (May 30, 2018) (record does not support agency's conclusion that individual proposed by awardee for key personnel position met the solicitation's requirements; agency relied on incorrect past performance questionnaire ratings in evaluating the protester’s quotation; agency failed to explain why the source selection official  did not find two approaches proposed by the protester to be of significant program benefit to the agency while finding that awardee’s similar proposed approaches were of significant benefit)

Immersion Consulting, LLC, B-415155.4 , .5 (May 18, 2018) (revised evaluation of staffing plan subfactor was unreasonable because it only reinstated single weakness based on discrepancies in two labor categories in awardee's staffing plan while ignoring similar discrepancies present throughout remainder of plan; reevaluation of technical factor was flawed because there was no explanation why protester was given only an Acceptable rating when the evaluators' description of its proposal corresponded to the solicitation's definition of an Outstanding rating)

EFS Ebrex SARL, B-416076 (June 4, 2018) (agency applied unstated evaluation factors where source selection plan established undisclosed benchmarks that a proposal must meet in order to receive a rating of acceptable or higher under the experience evaluation factor, and the agency’s discussions were less than meaningful regarding those undisclosed requirements)

360 IT Integrated Solutions, B-414650.7, .12 (May 18, 2018) (without adequate explanation, agency considered negative past performance information concerning past contract of proposed subcontractor even though the protester had removed that contract as a past performance reference in its latest proposal revision and had downgraded the proposed subcontractor's role to a very limited one; agency evaluated proposals unequally by assigning more significant strengths to awardee's proposal for similar approaches identified in protester's proposal; agency failed to provide a reasonable explanation for its decision not to assign a management strength to protester's proposed approach clearly described in management approach section of its proposal)

Ace Info Solutions, Inc., B-414650.10, .14 (May 21, 2018) (flawed evaluation where agency mistakenly switched the background references for two of awardee's contract references, which materially affected agency's past performance and best-value tradeoff evaluations)

ANHAM FZCO, B-415969, .3, .5 (May 8, 2018) (flawed experience evaluation; agency improperly submitted experience reference in awardee's prior proposal submission for reference included in its final proposal submission; agency violated specific terms of solicitation by crediting awardee (which did not submit any contracts it had performed, itself) with experience of affiliated companies)

Conley & Assocs., B-415458.3, .4 (Apr. 26, 2018) (technical evaluation departed from the RFP’s evaluation criteria and was unreasonable or unequal in multiple respects; cost realism analysis was inadequate and unreasonable)

Trident Vantage Systems, LLC; SKER-SGT Engineering & Science, LLC, B-415944, .2, .4, .5 (May 1, 2018) (record insufficient to show agency considered whether offerors' past performance contracts were comparable to current procurement; agency's relevancy determinations insufficiently documented to determine whether they were reasonable; in cost realism analysis, agency failed to adequately consider proposed staffing efficiencies in protester's proposal)

ARES Technical Services Corp., B-415081.2, .3 (May 8, 2018) (in evaluating awardee's proposal, agency failed to consider effects of awardee's OCI mitigation strategy  had on its proposed technical approach)

Dynaxys LLC, B-414459.4 (Apr. 18, 2018) (agency's technical evaluators unreasonably assigned "minor strengths" to two aspects of awardee's proposal that merely met the solicitation's minimum requirements, which adversely affected conclusion in final trade-off analysis that the two proposals were essentially equal under the Technical Approach factor; agency failed to conduct meaningful comparison of proposals during trade-off analysis)

ORBIS Sibro, Inc., B-415714, .2 (Feb. 26, 2018) (agency unreasonably adjusted protester's total price upward in cost realism analysis, essentially revising protester's prices again for adjustments already made in the evaluation)

Savannah River Technology & Remediation LLC, B-415637, et al. (Feb. 8, 2018) (record does not show that agency evaluated viability of awardee's proposed technical approach as required by solicitation)

ManTech Advanced Systems International, Inc., B-415497 (Jan. 18, 2018) (source selection decision did not include any comparison of proposals that explained the conclusion that the awardee's proposal was superior to the protester's)

Transworld Systems, Inc., B-414090.13, .14, .15, .16 (Dec. 22, 2017) (agency did not evaluate quotations equally where record fails to show the basis for assigning a weakness to the protester's proposal for an omission shared by the awardees' quotations, which were not assigned aweakness)

BAE Systems Technology Solutions & Services, Inc., B-414931.2, .3 (Dec. 20, 2017) (awardee's proposal did not include sufficient information for agency to assess whether its proposed personnel met solicitation's minimum experience requirements)

Harper Construction Co., B-415042, .2 (Nov. 7, 2017) (offeror's interpretation of latently ambiguous solicitation language to permit it to submit projects for evaluation under Experience factor on which, as prime, it had supervised and been responsible for, the work of subcontractors actually performing the work was reasonable, and agency's rejection of proposal based on contrary interpretation prejudiced protester)

East Cost Utility Contractors, Ltd., B-516593, .2 (Jan. 16, 2018) (where solicitation provided for consideration of past performance of offerors' management team, agency improperly failed to consider past performance of one of protester's managers)

Red River Computer Co., B-414183.8, et al. (Dec. 22, 2017) (one of awardees failed to provide price discounts at BPA level as required by solicitation)

ENSCO, Inc; PAE National Security Solutions, LLC, B-414844, .2, .3 (Oct. 2, 2017) (agency's evaluation of awardee's proposal not in accordance with solicitation's evaluation criteria; agency's cost realism analysis not adequately documented; agency's assignment of significant weaknesses to protester's proposal not in accordance with stated evaluation criteria; agency improperly allowed awardee to exceed page limitation for resumes) 

Immersion Consulting, LLC, B-415155, .2 (Dec. 4, 2017) (record lacks reasonable explanation for SSA's decision to deviate from SSEB's assessment of strengths and weaknesses in proposals)

AdvanceMed Corp., B-415062, .2 (Nov. 17, 2017) (agency violated FAR and express terms of solicitation by failing to give meaningful consideration to impaired objectivity OCI implicated by contracts held by awardee's parent company; agency's determination that awardee's proposal was acceptable under 508 compliance factor was unreasonable where the compliance officer had found the awardee's system required remediation in order to be compliant and no such remediation occurred)

Protection Strategies, Inc., B-414648.2, .3 (Nov. 20, 2017) (agency did not have reasonable basis for evaluating awardee's proposed personnel as a strength; agency did not have reasonable basis to conclude differences between competitors' proposals in non-price factors were negligible)

Language Select, LLP, dba United Language Group, B-415097, .2 (Nov. 14, 2017) (agency held unfair discussions by asking only awardee about role of affiliated company in providing services; agency lacked reasonable basis for attributing affiliate's corporate experience to awardee; agency unreasonably minimized significance for awardee's proposal of prior termination for cause of similar contract)

Fluor Federal Solutions, LLC, B-410486,9 (Jan. 28, 2017) (after prior corrective actions, agency evaluated proposals disparately under the staffing and resources factor, criticizing the protester's proposed approach as possibly involving a risk that it would not be able to recruit the incumbent workforce, while at the same time failing to meaningfully consider whether the awardee's proposed approach of repeatedly replacing its exempt employee workforce over the life of the contract posed a significant risk)

AT&T Corp., B-414886, .2, .3 (Oct. 5, 2017) (discussions were misleading and unequal where agency only advised awardee of proposal concern that agency also had with protester's proposal; agency failed to adequately document aspects of technical evaluation; SSA's source selection decision relies in significant part on conclusions based on issues not documented in the record)

L3 Unidyne, Inc. B-415902, .2, .3 (Oct. 16, 2017) (agency failed to evaluate whether awardee's requirement that certain newly hired key employees sign binding arbitration agreements violated statutory prohibition; agency unreasonably assigned a deficiency to protester's proposal related to its proposed Government Property Manager for working outside the commuting area identified by the solicitation and for the protester's failure to describe his duties fully because he was a non-key employee performing what DCMA recognized as a centralized function at the firm's office for more than just the contract at issue and any informational deficiency in describing duties fully did not rise to level of material deficiency; agency failed to evaluate significant differences in offerors' proposed staffing levels for various tasks)

McCann-Erickson  USA, Inc., B-414787 (Sep. 18, 2017)  (agency improperly disqualified proposal for failure to comply with certain proposal preparation instructions without evaluating proposal in accordance with solicitation's stated evaluation criteria)

CR/ZWS LLC, B-414766, .2 (Sep. 13, 2017) (awardee's proposal failed to comply with material solicitation requirement)

The Arcanum Group, Inc., B-413682.2, .3 (Mar. 29, 2017) (record does not contain adequate explanation of SSA's decision to override SSEB's conclusion that awardee had not submitted sufficiently similar projects for past performance evaluation)

David Jones CPA PC, B-414701 (Aug. 25, 2017) (in solicitation to establish multiple BPAs, agency improperly excluded protester's proposal from further consideration solely on basis of single line-item price agency considered unreasonably high, without considering whether that would result in the agency paying an unreasonably high price for performance of a typical order under a BPA)

Global Language Center, B-413503.8 (June 1, 2017) (agency allowed only awardee to submit material changes to proposal after final proposal revisions were due; agency credited awardee for past performance without considering its relevance and failed to credit protester for its relevant performance as incumbent)

YWCA of Greater Los Angeles, B-414596, .2, .3 (July 24, 2017) (agency engaged in unequal discussions by permitting awardee to amend its proposal, after final proposal revisions, in order to substitute a new key person, without reopening discussions with other offerors)

SURVICE Engineering Co., LLC, B-414519 (July 5, 2017) (agency failed to evaluate awardee's professional compensation plan in accordance with FAR 52.222-46(b), i.e., agency did not reasonably compare awardee's salaries to incumbent salaries, a necessary step to determine whether the proposed salaries are lower than incumbent salaries; agency evaluated proposals on unequal bases and utilized unstated evaluation criteria)

Global Aerospace Corp., B-414514 (July 3, 2017) (contemporaneous record does not include any analysis of protester's proposal at SMD recommendation phase and subsequent analysis prepared by agency to respond to protest lacks rational basis)

Pinnacle Solutions, Inc., B-414360 (May 19, 2017) (record does not support evaluators' assignment of weaknesses to various aspects of protester’s proposal and reflects disregard of portions proposal and application of unstated evaluation criteria)

Innovation Assocs., Inc., B-414406 (June 6, 2017) (awardee's proposed solution failed to meet two material solicitation requirements)

SITEC Consulting, LLC, et al., B-413526.4, et al. (Apr. 3, 2017) (agency improperly evaluated Past Performance by assigning "confidence" rather than "neutral" rating to several offerors)

Red River Computer Co., B-414183.4,  .6, .7 (June 2, 2017) (unequal price evaluation; agency's price evaluators permitted one awardee to propose on basis forbidden by solicitation and denied to other offerors)

Next Tier Concepts, Inc.; MAXIMUS Federal Services, Inc., B-414337, .2 (May 15, 2017) (flawed price realism evaluation; price evaluators' conclusion (that awardee's prices were so low as to indicate a lack of technical understanding of requirements) was not communicated to technical evaluators or considered in final award decision)

Knight Point Systems, LLC, B-414183.3, .5 (May 31, 2017) (in solicitation for quotations under FSS contract, agency did not reasonably consider whether services offered by protester through its subcontractors were within the scope of protester's GSA schedule contract, but, instead, considered only whether the cloud systems offered by protester were listed by brand name on protester's GSA schedule contract, which was not a requirement of the solicitation)

TOTE Services, Inc., B-414295, .2 (May 25, 2017) (agency failed to adequately document its evaluation of past technical performance, credited offerors for relevant performance without considering its quality, and credited offerors for positive performance without considering its relevance)

AdvanceMed Corp., B-414373 (May 25, 2017) (in cost realism evaluation, agency failed to recognize and reasonably assess two aspects of likely costs stemming from the awardee’s proposed technical approach)

Mevacon NASCO JV; Encanto Facility Services, LLC, B-515329, et al. (May 11, 2017) (agency failed to conduct meaningful discussions with one protester because it failed to alert protester to weaknesses in its technical proposal that agency evaluated as creating high risk of unsuccessful performance; award decision failed to explain why agency selected higher-rated, higher-priced proposal for award)

Verdi Consulting, Inc., B-414103.2, .3, .4 (Apr. 26, 2017) (protester is interested party because it showed a "reasonable possibility" of prejudice by successfully challenging Past Performance, Price, and tradeoff evaluations, even where several technical proposals were rated higher; agency waived its right to object at GAO to fact that protester failed to submit revised price proposal because it evaluated protester's final proposal (and that of another offeror) without objection; agency improperly downgraded protester's Past Performance based on unstated evaluation factor, and agency's Past Performance evaluation was insufficiently documented; nothing in record indicates agency evaluated option year pricing, as required by solicitation;  agency's best value tradeoff analysis was inadequately documented and showed the agency failed to take into account option year pricing) 

A-P-T Research, Inc., B-413731.2 (Apr. 3, 2017) (where non-incumbent awardee proposed high retention rate for incumbent employees and agency determined that awardee’s proposed professional compensation was at low end of the experience and compensation scales used for evaluation, contemporaneous record lacked a reasoned basis for finding awardee’s professional compensation or proposed costs to be acceptable or realistic; no indication in contemporaneous record that, during evaluation process, agency (i) had assessed a potential impaired objectivity OCI posed by the awardee’s major subcontractor or (ii) had found the awardee’s proposed mitigation plan to be sufficient)

Walden Security; Akal Security, Inc., B-413523.6, et al. (Mar. 22, 2017) (agency violated terms of solicitation by failing to permit offeror opportunity to address adverse past performance information to which it was not previously allowed to respond)

General Revenue Corp., et al., B-414220.2, et al. (Mar. 27, 2017) (consolidated protest by 15 protesters; agency's evaluation failed to comply with solicitation's evaluation scheme in multiple areas and lacked rational bases; sustains protests only of those protesters who demonstrated prejudice from these errors)

XPO Logistics Worldwide Government Services, LLC, B-412628.6, .7 (Mar. 14, 2017) (where solicitation required an assessment of the magnitude of the offerors’ past efforts relative to the solicited requirement, record fails to show how the awardee’s comparatively low-value past efforts reasonably could have been assessed as somewhat relevant)

Harmonia Holdings Group, LLC, B-413464, .2 (Nov. 4, 2016) (nothing in record shows agency conducted a required best-value tradeoff analysis between awardee's  highest-priced, highest technically-rated proposal and protester's lower priced, lower technically-rated proposal)

Tribalco, LLC, B-414120, .2 (Feb. 21, 2017) (agency engaged in disparate treatment of offerors by overlooking same type of flaws in awardee's Integrated Master Schedule for which agency had downgraded protester's proposal)

CSR, Inc., B-413973, .2 (Jan. 13, 2017) (agency engaged in disparate treatment of offerors in past performance evaluation by limiting review of protester's CPARs to projects specifically identified in its proposal, without such a restriction on review of awardee's CPARs; best-value tradeoff analysis offered no explanation for finding awardee's corporate experience superior when the two firms had been rated equally in this area by the evaluators)

Patriot Solutions, LLC, B-413779 (Dec. 22, 2016) (agency improperly converted the best-value tradeoff competition set forth in the solicitation into a lowest-priced, technically acceptable competition)

Xtreme Concepts Inc. B-413711 (Dec. 19, 2016) (agency improperly used neutral past performance rating to lower protester's evaluation and exclude it from the competitive range)

Target Media Mid Atlantic, Inc., B-412468.6 (Dec. 6, 2016) (flawed cost evaluation: agency failed to evaluate the realism of the awardee’s cost proposal in accordance with its proposed technical approach and failed to evaluate the awardee’s professional employee compensation plan in accordance with the requirements of the solicitation)

Vencore Services and Solutions, Inc., B-412949, .2 (July 18, 2016) (agency failed to correct problem after it engaged in misleading discussions with protester based on faulty, inflated agency cost estimate)

EFW Inc., B-412608, .2 (Apr. 7, 2016) (misleading discussion did not alert protester to agency's true concerns; faulty past performance evaluation obscured differences between proposals; assignment of significant weakness in price realism based upon considerations not properly within scope of price realism analysis)

GiaCare and MedTrust JV, LLC, B-407966.4 (Nov. 2, 2016) (price realism evaluation of awardee failed to consider discrepancies between its price proposal and technical approach; agency used labor rates in price realism analysis that did not match those actually proposed by offerors; no basis to support agency's conclusion that awardee's proposed indirect rate was not unrealistically low; agency did not properly consider awardee's unrealistically low direct and indirect proposed rates in evaluating risk of its technical approach)

Jacobs Technology, Inc., B-413389, .2 (Oct. 16, 2016) (agency's evaluation failed to reasonably consider an aspect of the awardee’s technical submission that indicated a lack of technical understanding)

Glacier Technical Solutions, LLC, B-412990.2 (Oct. 17, 2016) (no basis in record to explain agency's decision to assign "Good" mission capability rating to awardee despite evaluators' conclusion that one of its staffing methodologies should be rejected)

CALNET, Inc., B-413386.2, .3 (Oct. 28, 2016) (no basis for agency's conclusions that offerors' proposed costs were realistic or that four proposals were equivalent under non-cost evaluation factors)

NCI Information Systems, Inc., B-412870.2 (Oct. 14, 2016) (nothing in the record to document that the agency meaningfully considered awardee's potential impaired objectivity OCI or its proposed mitigation measures prior to award; record is insufficient to support agency's conclusions that the awardee's proposed price: (i) was commensurate with the proposed technical approach and reflected realistic labor category pricing; and (ii) was not clearly unrealistic)

Phoenix Air Group, Inc., B-412796.2, .3 (Sep. 26, 2016) (agency's decision that awardee met offer acceptability criteria was unreasonable because offeror provided inconsistent information concerning identify of proposed aircraft; agency applied unstated evaluation criteria in downgrading protester's proposal)

Halbert Construction Co., B-413213 (Sep. 8, 2016) (agency's evaluation of protester's past performance was unreasonable because agency engaged in disparate treatment of protester's and competitor's proposals; agency's tradeoff analysis was unreasonable because it was based upon a non-existent distinction in the definitions of the assigned adjectival ratings)

Engility Corp., B-413202, .2 (Sep. 2, 2016) (in determining firm was nonresponsible because it did not have required facility security clearance, agency relied on incomplete information and speculation, ignored evidence suggesting  agency's conclusion was incorrect and failed to contact firm to resolve issue)

CACI, Inc.-Federal; Booz Allen Hamilton, Inc., B-413028, .2, .3 (Aug. 3, 2016) (solicitation for cost-reimbursable task orders does not require offerors to propose labor rates for individual tasks and, therefore, does not include means for Government to compare probable costs of competing proposals; agency failed to adequately justify its rationale for excluding from the competition any proposals with a total proposed price that is 50 percent below the trimmed average total proposed price)

AT&T Government Solutions, Inc., B-413012, .2 (July 28, 2016) (record does not demonstrate that the agency reasonably evaluated a potential unequal access to information conflict arising from the relationship between the awardee and one of its proposed subcontractors; past performance evaluation contained errors in the assignment of adjectival ratings, which were subsequently relied upon by source selection authority in the award decision)

Professional Service Industries, Inc., B-412721.2, .3, .4 (July 21, 2016) (awardee's proposed Program Manager failed to meet solicitation requirement for management experience)

MicroTechnologies, LLC, B-413091, .2  (Aug. 11, 2016) (agency's evaluation of the awardee’s proposed professional employee compensation plan  was not adequately documented; data relied upon by the agency did not provide a meaningful basis to evaluate the awardee’s proposed compensation; and agency acknowledges it mistakenly relied upon incorrect data from salary survey)

Alutiiq Banner Joint Venture, B-412952, .2, .3, .4 (July 15, 2016) (agency improperly credited member of awardee's joint venture for past performance of which there was no record; awardee was ineligible for award of 8(a) set-aside because it had not submitted addendum to 8(a) joint venture agreement to SBA for approval as required by SBA regulations causing the SBA to rescind approval of the joint venture)

Arcadis U.S., Inc., B-412828 (June 16, 2016) (no rational basis to downgrade otherwise meritorious technical proposal for fixed-price task order on the basis of allegedly higher costs of proposed approach; agency's evaluators provided no rational explanation for disregarding lack of project experience of awardee; source selection decision based on these and other defects lacked rational basis)

Valor Healthcare, Inc., B-412960, .2 (July 15, 2016) (agency failed to follow solicitation requirement that it compare awardee's proposed pricing to its technical approach for purposes of price realism analysis)

Veterans Evaluation Services, Inc., et al., B-412940, et al. (July 13, 2016) (agency's "Good" Past Performance rating of awardee was unreasonable because it was based on performance of mentor firm that awardee did not plan to utilize for current contract work; agency's price evaluation methodology did not provide reasonably accurate information concerning the relative total price of competing proposals; agency engaged in misleading discussions by failing to inform offerors that, after initially finding their prices reasonable, agency had changed its mind and determined them to be unreasonably high)

ASRC Communications, Ltd., B-412093.4 (July 1, 2016) (agency failed to reevaluate portions of the awardee's proposal in accordance with solicitation's evaluation scheme)

Patricio Enterprises, Inc., B-412738, .2 (May 26, 2016) (material misrepresentations in awardee's proposal concerning availability of personnel tainted evaluation)

Patricio Enterprises Inc., B-412740, .3, .4 (May 26, 2016) (agency's evaluation of past performance was unreasonable because it actually downgraded protester for submitting three more past performance references than the awardee did, especially when the additional references were relevant and were judged either exceptional or very good in quality)

DKW Communications, Inc., B-412652.3, .6  (May 2, 2016) (awardee violated proposal preparation instructions requiring single-spacing by using compressed line spacing, which allowed it to squeeze more information into technical proposal that had a 10-page limit. 

Deloitte Consulting, LLP, B-412125.2, .3 (Apr. 15, 2016) (agency improperly concluded that one of awardee's proposed key personnel met the experience requirements of the solicitation; contemporaneous record insufficient for GAO to assess adequacy of agency's evaluation of relevant past performance; agency engaged in unequal discussions regarding past performance)

Paragon Technology Group, Inc., B-412636, .2 (Apr. 22, 2016) (agency conducted misleading discussions by directing the protester to remove certain assumptions from its proposal, when those assumptions were not the agency's actual concern with the proposal; agency’s decision to assess the relevance of past performance using a value 200 percent larger than the value of the solicited effort was unreasonable and inconsistent with the requirements of the solicitation) 

Crowley Logistics, Inc., B-412628.2, .3, .4 (Apr. 19, 2016) (agency failed to conduct meaningful discussions with protester because agency did not alert protester to what agency evaluated as a significant performance risk) 

M7 Aerospace LLC, B-411986, .2 (Dec. 1, 2015) (no evidence in contemporaneous record that agency complied with solicitation evaluation scheme which contemplated a qualitative comparison of various approaches proposed by offerors)

Innovative Test Asset Solutions, LLC, B-411687, .2 (Oct. 2, 2015) (agency improperly "inverted" the evaluation scheme and used cost risks identified only in the cost realism anaysis to assign technical risk in two areas of the technical evaluation where the evaluators had not identified any technical weaknesses)

Sterling Medical Corp., B-412407. .2 (Feb. 3, 2016) (agency improperly credited awardee for features unrelated to evaluation criteria and neglected to downgrade it for instances where it failed to provide required information)

Arctic Slope Mission Services, LLC, B-410992.5, .6 (Jan. 8, 2016) (agency gave undue emphasis to one of the evaluation subfactors, and treated offerors unequally by reading some offerors’ proposals expansively and giving offerors the benefit of the doubt, while applying a much stricter standard when evaluating other proposals; agency failed to evaluate relevance of past performance adequately)

SRA International, Inc. B-410973, .2 (Apr. 8, 2015) (agency conducted discussions only with awardee and allowed only awardee to revise proposal)

RELI Group, Inc., B-412380  (Jan. 28, 2016) (latent ambiguity in solicitation's instructions concerning submission of prime and subcontract references for evaluation of relevant experience, which was not discovered until proposals were evaluated, requires agency to issue clarification and then permit offerors opportunity to submit revised proposals)

Intelsat General Corp., B-412097, .2 (Dec. 23, 2015) (agency engaged in misleading discussions by failing to inform protester of change in agency's interpretation of solicitation requirements after agency held discussions; agency’s evaluation of awardee’s proposal  neither reasonable nor consistent with terms of solicitation regarding requirements for satellite coverage and capacity and required documentation; agency’s price realism analysis flawed because awardee’s proposal did not meet solicitation’s technical requirements for required documentation and complete regional satellite coverage)

Cascadian American Enterprises, B-312208.3, .4 (Feb. 5, 2016) (agency downgraded protester's proposal in the Key Personnel area without giving it the same opportunity as the awardee had  to address weaknesses in proposal through discussions; agency rated the small business protester's proposal unacceptable in the Experience area, which is a responsibility-type factor, without referring it to SBA for CoC)

Castro & Co., LLC, B-412398 (Jan. 29, 2016) (evaluation of protester's proposal under Technical and Past Performance factors not supported in record; source selection decision lacked rational basis where Contracting Officer selected awardee’s quotation on the basis of its higher numerical score, without documenting any consideration of the basis for the score, the merits of competing quotations, or whether any advantages of the awardee’s quotation outweighed its higher price)

ASRC Communications, Ltd., B-412093, .2 (Dec. 23, 2015) (no basis in record to support agency's decision that awardee's revised proposal had cured material defect in its original proposal that would have precluded award)

AllWorld Language Consultants, Inc., B-411481.3 (Jan. 6, 2016) (labor category proposed by awardee for task order award under FSS contract did not meet requirements of solicitation)

Export 220Volt, Inc., B-412303.2 (Jan. 20, 2016) (awardee failed to comply with the solicitation’s stated evaluation criterion that required offerors to provide product literature to substantiate the acceptability of their proposed products)

Deloitte Consulting, LLP, et al., B-411884, .2-.6 (Nov. 16, 2015) (record did not show why agency credited awardee with its parent company's experience under Corporate Experience factor;  awardee took exception to solicitation's data rights requirements; agency's evaluators made unsupported assumptions concerning awardee's proposed labor mix; agency evaluated quotations from various competitors unequally where record does not show basis for distinguishing among them)

CORTEK, Inc., B-412047, .2, .3  (Dec. 17, 2015) (agency improperly (i) accepted proposal that included references to employees who did not meet solicitation's experience requirements, (ii) allowed awardee to exceed page limitation in solicitation by one page, and (iii) used information on additional page, which should have been ignored, to reach favorable evaluation of awardee's past performance; record produced by agency so heavily redacted that GAO could not evaluate its response to other protest allegations)

West Coast General Corp., B-411916.2 (Dec. 14, 2015) (agency failed to enforce solicitation requirement that offered G&A rates be supported by (and evaluated on basis of) certified financial statements or DCAA audit report; award determination based entirely on mechanical comparison of total technical scores and G&A rates)

Smartronix, Inc.; ManTech Advanced Systems International, Inc., B-411970, .2, .3, .4 (Nov. 25, 2015) (agency’s cost realism evaluation failed to reasonably assess whether vendors’ proposed direct labor rates were realistic and consistent with the vendors’ various proposed approaches)   

Protect the Force, Inc., B-411897.2, .4 (Nov. 24, 2015) (awardees' proposals did not meet solicitation requirement that they  demonstrate how they met particular solicitation requirement and agency's finding that these proposals were technically acceptable lacked a rational basis)

DRS Technical Services, Inc., B-411573.2, .3 (Nov. 9, 2015) (agency’s evaluation of awardee’s proposed level of effort was unreasonable and inconsistent with the terms of the solicitation; agency’s organizational conflict of interest (OCI) investigation was not reasonable as it failed to meaningfully consider whether the awardee’s performance of a portion of the work required under the anticipated task order would result in an impaired objectivity OCI)

Celta Services, Inc., B-411835, .2 (Nov. 2, 2015) (SSA improperly considered weaknesses in protester's proposal that had been resolved during discussions; point scores were not applied consistently among offerors; record not sufficient to conclude that evaluation of awardee's Past Performance was reasonable)

Logistics Management International, Inc., et al., B-411015.4, .5, .6 (Nov. 20, 2015) (agency's reevaluation of awardee's past performance in response to prior successful GAO protests still was objectionable in that it gave credit to a number of orders that did not meet the solicitation's definition for treating orders as a series and a single reference; agency's reevaluation also involved disparate treatment of offerors because it denied one protester same opportunity to submit additional information afforded to another offeror)

W.P. Tax & Accounting Group, B-411899  (Nov. 13, 2015) (agency improperly rejected proposal for unrealistically low price when solicitation did not alert bidders that price realism would be evaluated)

General Dynamics Advanced Information Systems, Inc., B-411771, .1 (Oct. 20, 2015) (agency incorrectly interpreted spreadsheet submitted by protester as proposing uncompensated overtime and, therefore, improperly made upward adjustment to protester's estimated costs as part of cost realism analysis)

Coastal International Security, Inc., B-411756, .2 (Oct. 19, 2015) (collective bargaining agreement incorporated in solicitation included latent ambiguity for rates in two labor categories, which offerors interpreted differently, which, in turn, affected agency's price realism and best value trade-off evaluations)

Trandes Corp, 411712, .2, .3 (Oct. 13, 2015) (several of awardee's proposed key personnel failed to meet material experience requirements of solicitation)

Tantus Technologies, Inc. B-411608, .3 (Sep. 14, 2015) (agency failed to consider whether, under the personnel and management factor, awardee’s proposal to relocate a significant number of employees to cheaper labor market after the first year of the task order posed a risk to awardee’s ability to retain qualified staff; agency did not evaluate corporate experience and or the relevance of past performance in a manner consistent with the RFP;  awardee's proposal to hire incumbent staff at substantially lower rates than they were currently being paid resulted in unrealistically low labor rates that agency should have adjusted upward in conducting its cost realism evaluation)

FCi Federal, Inc., B-408558.7, .8 (Aug. 5, 2015) (in undertaking corrective action nine months after original award, agency failed to consider whether, since awardee had been sold to another company, awardee’s proposal still reflected the manner in which the contract would be performed and the resources, experience, and past performance to be relied upon in the performance of the contract)

Starry Assocs., B-410968.2 (Aug. 11, 2015) (agency did not properly evaluate whether personnel proposed by awardee were available and qualified to perform required work)

Lilly Timber Services, B-411435.2 (Aug. 5, 2015) (solicitation did not alert offerors that agency intended to evaluate price realism)

Metis Solutions, LLC, et al., B-411173.2, et al. (July 20, 2015) (agency downgraded proposal for failure to provide item not required by solicitation; agency assigned weaknesses to two offerors, but not to the awardee, for the same proposal content; unexplained discrepancies between technical evaluation report and source selection evaluation report; lack of consistency in agency's evaluation of relevancy of past performance of awardee versus other offerors; lack of basis in record for performance confidence ratings; source selection decision failed to perform price versus technical tradeoff analysis and failed to evaluate proposals individually)  

Cubic Applications, Inc., B-411305, .2 (July 19, 2015) (agency engaged in unequal evaluations when it rated protester's optional labor rates as exceptionally low and risky while not evaluating the awardee's even lower optional labor rates in that manner)

B&B Medical Services, Inc.; Ed Medical, Inc., B-409705.4, .5 (June 29, 2015) (agency failed to conduct price realism analysis contemplated by solicitation even though awardee's price was much lower than that of other offerors and the Government's estimate)

International Waste Industries, B-411338 (July 7, 2015) (agency conducted discussions with awardee, allowing it to correct unacceptable aspects in its quotation, while failing to conduct discussions with protester)

DKW Communications, Inc., B-411182, .2 (June 9, 2015) (agency failed: (i) to consider cost to Government as part of cost/technical trade-off analysis: (ii) to document other aspects of proposal evaluation; and (iii) to consider protester's relevant, positive past experience)

Caddell Construction Co., B-411005.1, .2 (Apr. 20, 2015) (agency's determination that competitors met requirements of Security Act concerning adequate financial resources and total business volume was unreasonable and not supported by the record), decision essentially overturned by Court of Federal Claims

Alcazar Trades, Inc., B-410001.4 (Apr. 1, 2015) (agency performed price realism analysis required by solicitation without taking protester's unique staffing approach)

Hanel Storage Systems, L.P., B-409030.2 (Sep. 15, 2014) (agency could not issue purchase order to vendor whose quotation did not comply with material requirement of RFQ)

eAlliant, LLC, B-407332.6, .10 (Jan. 14, 2015) (no basis in record for changing former awardee's evaluation scores upon reevaluation) 

CFS-KBR Marianas Support Services, LLC; Fluor Federal Solutions LLC, B-410486, .2, .3 (Jan. 2, 2015) (agency mechanically used only government estimate to evaluate cost realism of each offeror's proposed staffing in initial proposals, without regard to varying proposed technical approaches, and then used that flawed analysis to conduct misleading discussions regarding sufficiency of proposed staffing)

Glen Mar Construction, Inc., B-410603 (Jan. 14, 2015) (agency’s price evaluation improperly included price of options agency knew with reasonable certainty it would not have sufficient funds to purchase)

CGI Federal, Inc., B-410330.2 (Dec. 10, 2014) (price evaluation scheme did not match agency's changed ordering strategy)

Quality Services International, LLC, B-410156, .2, .3 (Nov. 3, 2014) (agency did not evaluate awardee's experience in accordance with solicitation's evaluation scheme)

Premiums & Specialties, Inc., B-410247 (Nov. 13, 2014) (unreasonable to reject low quotation for failure to return call asking for confirmation of quotation within an hour when solicitation did not advise bidders that such responses would be required)

Computer Sciences Corp., et al., B-408694.7-.11 (Nov. 3, 2014) (flawed cost realism, past performance, technical, and tradeoff evaluations)

Swets Information Services, B-410078 (Oct. 20, 2014) (insufficient documentation in record to determine whether agency's evaluations of vendors' product demonstrations were reasonable)

FCi Federal, Inc., B-408558.4, .5, .6 (Oct. 20, 2014) (affirmative responsibility determination failed to consider allegations of fraud against awardee's parent with which it was closely connected)

Federal Builders, LLC-The James R. Belk Trust, B-409952, .2 (Sep. 26, 2014) (agency accepted proposal that did not include a clear commitment to pay the wage rates required by the solicitation for reconstruction of the existing building it offered) 

Electrosoft Services, Inc., B-409065, .2, .3 (Jan. 27, 2014) (flawed evaluations of (i) experience of awardee's proposed program manager; (ii) protester's past performance; and (iii) relative technical merits of protester's and awardee's approaches)

CPS Professional Services, LLC, B-409811, .2 (Aug. 13, 2014) (agency failed to follow solicitation requirement to assess relative relevancy and quality of offerors' past performance submissions)

Paradigm Technologies, Inc., B-409221.2, .3  (Aug. 1, 2014) (awardee's proposal failed to satisfy material solicitation requirement concerning key personnel)

PricewaterhouseCoopers LLP, B-409537, .2 (June 4, 2014) (no rational basis for source selection authority's conclusion that awardee's Past Performance distinguished its proposal from protester's, especially enough to offset protester's technical superiority)

Intelligent Decisions, Inc., et al., B-409686, .2, 3, 5, 6, 12, 14 (July 15, 2014) (performance confidence evaluation failed to consider all elements required to be evaluated by solicitation, and agency failed to meaningfully consider price in its final source selection decision)

Native Resource Development Co., B-409617.3 (July 21, 2014) (agency acted unreasonably in finding protester's proposed staffing level  to be weakness without providing protester with reasonable notice of, and the opportunity to address, agency’s internal staffing estimate and its own overall number and without providing analysis as to specific areas in which protester’s final staffing numbers were considered insufficient; protester's contention that its Past Performance should have received the "Outstanding" rating sustained because agency did not attempt to rebut it)

Iron Vine Security, LLC, B-409015 (Jan. 22, 2014) (agency failed to follow solicitation requirement to conduct price realism analysis of proposed labor rates)

Risk Analysis and Mitigation Partners, B-409687, .2 (July 15, 2014) (agency's use of unstated evaluation criteria to assign weaknesses to protester's proposal)

Raytheon Co., B-409691, .2 (July 9, 2014) (no rational basis for certain discriminators found by SSA between protester's and awardee's proposals and improper credit to awardee for experience of affiliate not shown to contribute to proposed contract work)

Alutiiq Pacific, LLC, B-409584, .2 (June 19, 2014) (agency improperly credited awardee with experience of affiliated firms even though its proposal did not explain how they would contribute significantly to the work; agency improperly credited awardee with proposing to retain large proportion of incumbent staff even though its proposal showed it intended to pay them significantly less than incumbent had; agency treated awardee and protester disparately in evaluation)

Marathon Medical Corp., B-408052 (June 4, 2014) (agency permitted awardee, but not protester, to submit information establishing acceptability of its proposal)

Gaver Technologies, Inc., B-509535 (June 3, 2014) (no basis for source selection authority's failure to credit protester's proposal with innovative approaches found by evaluators to be significant strengths; awardee was credited with a 30-day phase-in plan when it only proposed a 60-day phase in (as did the protester))

WAI-Stoller Services, LCC; Navarro Research and Engineering, Inc., B-408248.6 et al (May 22, 2014) (several discriminators used to distinguish between two similarly rated proposals do not withstand scrutiny, and were the result of unreasonable conclusions, unequal evaluations, or inaccurate judgments regarding the differences between the two proposals)

System Studies & Simulation, Inc., B-409375.2, .3 (May 12, 2014) (agency's actual needs and awarded contract were for less than 30% of amount solicited)

Prism Maritime, LLC, B-409276.2, .3 (Apr. 7, 2014) (no basis for SSA's evaluation that disagreed with all negative findings of evaluators; flawed cost realism evaluation and improper use of proposed rather than evaluated prices in source selection decision)

McGoldrick Construction Services Corp., B-409252.2 (Mar. 28, 2014) (agency improperly downgraded proposal based on unstated evaluation criterion concerning quality control staffing requirements)

Solers Inc., B-409079, .2 (Jan. 27, 2014) (record is inadequate to establish rational basis for agency's evaluation of awardee's proposed labor mix for cost-reimbursable and fixed-price CLINs or realism of proposed level of effort for fixed-price CLINs; agency's evaluation conclusions made only after protest filed were not adequate response to protester's contention that agency's original evaluation failed to credit its technical proposal for items that exceeded solicitation requirements)

Motorola Solutions, Inc., B-409148, .2 (Jan. 28, 2014)(awardee's proposal did not include required evidence that it could actually obtain the equipment it proposed to use and that was material to the acceptance of its proposal)

Kardex Remstar, LLC, B-409030 (Jan. 17, 2014) (agency failed to identify deficiency during discussions that rendered quotation unacceptable)

Piquette & Howard Electric Service, Inc., B-408435.3 (Dec. 16, 2013) (after initial evaluation, agency conducted discussions with eventual awardee and then allowed only that firm to revise its technical proposal)

Wyle Laboratories, Inc., B-408112.2 (Dec. 27, 2013) (agency's evaluation did not take into account effects of awardee's disclosed plans to split into two companies, one of which would actually perform the contract)

BAE Systems Information and Electronic Systems Integration Inc., B-408565, .2, .3 (Nov. 13, 2013) (agency did not evaluate technical risk in accordance with solicitation requirements; agency did not adequately document its rationale for eliminating multiple technical risks and weaknesses from its evaluation of awardee's technical proposal; agency improperly credited awardee with outdated corporate experience)

SRA International, Inc., B-408624, .2 (Nov. 25, 2013) (agency's conclusion that protester failed to provide required information regarding small business subcontracting lacked rational basis; by assigning a significant weakness to protester while failing to do so for other offerors with deficiencies of similar import, agency did not evaluate offers on equal basis)

Logistics 2020, Inc., B-408543, .3 (Nov. 6, 2013) (agency failed to perform price realism analysis and failed to conduct qualitative evaluation of proposed personnel, both of which violated solicitation's evaluation scheme)

AXIS Management Group LLC, B-408575 (Nov. 13, 2013) (flawed price proposal evaluation ignored innovative technical approach)

Trailboss Enterprises, Inc., B-407093 (Nov. 6, 2013) (record is devoid of evidence that evaluators conducted qualitative evaluation and comparison of proposals, which was required by solicitation)

Savvee Consulting, Inc., B-408416, .2 (Sep. 18, 2013) (use of unstated evaluation criterion; flawed evaluation under Corporate Experience and Personnel factors)

Coburn Contractors, LLC, B-408279.2 (Sep. 30, 2013) (agency used unstated evaluation factor in faulting offeror for failing to provide list of subcontractors with its proposal, when solicitation did not require such a submission or state that it would be evaluated)

Triad International Maintenance Corp., B-408374 (Sep. 5, 2013) (evaluation of protester's past performance failed to reasonably consider its work as incumbent; agency improperly determined protester's proposed price was moderate risk where solicitation did not provide for price realism evaluation)

Sayres & Assocs. Corp., B-408252, .2 (Aug. 1, 2013) (Navy misevaluated proposal by concluding that two tables presented in proposal were contradictory)

Sentrillion Corp., B-406843.3, .4, .5 (Apr. 22, 2013) (agency failed to conduct meaningful discussions with protester because it failed to alert it during discussions to a deficiency in its proposal that became one basis for the agency's subsequent finding that the proposal was unacceptable)

West Sound Services Group, LLC, B-406583.2, .3 (July 3, 2013) (agency failed conduct meaningful discussions and no record that agency adequately considered non-price proposal)

IAP World Services, Inc., EMCOR Government Services, B-407917.2, et al. (July 10, 2013) (agency credited joint venture with corporate experience and past performance of affiliates of one joint venture partner when record did not show that affiliates would contribute to contract performance; agency did not treat offerors on fair and equal basis because it failed to credit protester for offering same feature that was evaluated as a strength in awardee's proposal; source selection official failed to recognize and consider features in protesters' proposal that resulted in their higher evaluation rankings)

IBM-U.S. Federal, B-407073.3, .4, .5, .6 (June 6, 2013) (agency failed to conduct price evaluation of protester and awardee on equal basis and relaxed material solicitation requirement only for awardee during post-selection negotiations)

NOVA Corp., B-408046, .2 (June 4, 2013) (record inadequate to explain whether source selection official considered the significant evaluated differences between awardee and the protester's past performance records)

Exelis Systems Corp., B-407111.5, .6, .7 (May 20, 2013) (agency's excellent rating of awardee's proposed staffing for contract years after base year lacks rational basis where awardee significantly reduced proposed staff in out years without explanation)

Global Dynamics, LLC, B-407966 (May 6, 2013) (record did support weaknesses found by evaluators in protester's proposal)

Nuclear Production Partners LLC, et al., B-407948, et al. (Apr. 29, 2013) (agency failed to follow solicitation requirement to evaluate feasibility of offerors' proposed cost savings, but assumed all proposed savings were feasible)

Esegur-Empresa de Seguranca, SA, B-407847, .2 (Apr. 27, 2013) (solicitation that stated proposals "may" be rejected as unrealistically low required agency to perform price realism analysis)

Grunley Construction Co., B-407900 (Apr. 3, 2013) (agency did not explain how it concluded protester's schedule did not include float, when it clearly did)

IBM Corp., U.S. Federal, B-406934.2, .3, .4 (Oct. 3, 2012) (record does not support (i) agency's evaluation of protester's proposal in several respects and (ii) discriminators agency allegedly found between protester's and awardee's proposals)

Bahrain Telecommunications, Co. B.S.C., B-407682.2, .3 (January 28, 2013) (agency's evaluation lacked rational basis where quotation did not commit to comply with material solicitation requirements) 

BAE Systems Technology Solutions and Services, Inc., B-405664, .2 (December 2011) (agency credited successful offeror with proposed approach that offeror did not firmly commit to complete to agency's satisfaction; agency improperly failed to credit protester with relevant experience of proposed personnel)

Nexant, Inc., B-407708, .2 (Jan. 30,2013) (lack of meaningful discussions by failing to specifically alert protester to two weaknesses that ultimately contributed to its failure to win award; agency's numerical scoring methodology was not reasonable and contained numerous errors; cost/technical tradeoff decision did not adequately explain reason for selecting higher-cost proposal)

Mission Essential Personnel. LLC, B-407474, 407493 (Jan. 7, 2013) (during discussions agency failed to alert protester to two weaknesses in its proposal that eventually led to its rejection; agency's evaluation of "fill rates" was not in accordance with evaluation scheme)

J. Squared Inc., dba University Loft Co., B-407302 (Dec. 17, 2012) (nonconforming quotation failed to comply with material solicitation requirement and, therefore, could not form basis for award)

Veterans Healthcare Supply Solutions, Inc., B-407223.2 (December 13, 2012) (record did not support agency's conclusion that offeror's proposed product was not "equal" to the specified brand name)

Exelis Systems Corp., B-407111, et al., (Nov. 13, 2012) (agency's technical evaluation was not in accordance with solicitation's evaluation scheme and treated offerors unequally)

Science Applications International Corp., B-407105, .2 (Nov. 1, 2012) (agency did not consider awardee's particular technical approach in evaluating its technical proposal or in price realism assessment)

Emergint Technologies, Inc., B-407006 (Oct. 18, 2012) (technical evaluation was flawed because (i) there was no basis in the record for deficiencies agency found in protester's proposal and (ii) agency downgraded proposal for lack of price realism when solicitation's evaluation scheme did not provide for such analysis)

Kollsman, Inc., B-406990, .2 (Oct. 15, 2012) (lack of documentation in record to support awardee's substantial confidence rating in past performance) 

Basic Overnight Quarters, LLC, B-406964, .2 (Oct. 12, 2012) (multiple errors in evaluation of protester's proposal and unequal treatment of protester and awardee in evaluation)

Supreme Foodservice GmbH, B-405400.3, .4, .5 (Oct. 11, 2012) (agency's experience/past performance evaluation flawed where awardee's proposal given highest possible rating despite fact that none of its past contracts met dollar size requirements; record insufficient to establish whether agency's use of internally-obtained past performance evaluation in place of unfavorable information in awardee's proposal was reasonable; inconsistent evaluations of protester's and awardee's proposals under past performance factor)

IBM Corp., U.S. Federal, B-406934.2, .3, .4 (Oct. 3, 2012) (record does not support (i) agency's evaluation of protester's proposal in several respects and (ii) discriminators agency allegedly found between protester's and awardee's proposals)

Lifecycle Construction Services, LLC, B-406907 (Sep. 27, 2012) (agency's rejection of protester's proposal as unreasonably low was unreasonable where determination was based on fact that it was 15% below the median of all other proposed prices, which included proposals that were unacceptable, unreasonably high, or ineligible for award)

Orion Technology, Inc.; Chenega Integrated Mission Support, LLC, B-406769, .2, .5 (Aug. 22, 2012) (agency mechanically and unequally 
applied undisclosed staffing estimates in evaluating the offerors’ proposed staffing to determine acceptability of proposals)

Glotech, Inc., B-406761, .2 (Aug. 21, 2012) (agency failed to consider price in quotations for BPAs under FSS program)

Triumvirate Environmental, Inc., B-406809 (Sep. 5, 2012) (agency's conclusion that protester's pricing was unbalanced (too low in some cases) and post hoc rationalization that protester had used more employees than needed on prior contract were not sufficient to justify conclusion that there was a risk of higher prices to the Government; tradeoff analysis failed to adequately consider protester's price advantage) 

J.R. Conkey & Assocs. dba Solar Power Integrators, B-406024.4 (Aug. 22, 2012) (agency improperly downgraded proposal as lacking information that was, in fact, included; agency's evaluation of protester under Schedule factor was inconsistent with solicitation's evaluation scheme; agency impermissibly limited tradeoff analysis to proposals with highest technical scores, regardless of price)

NikiSoft Systems Corp., B-406179.2 (Aug. 14, 2012) (in reevaluation after earlier successful protest, there was no basis in the record to justify the agency's decision that the level of effort proposed by the protester was inadequate and should be adjusted upward)

Philips Healthcare Informatics, B-405382.2 (May 14, 2012) (awardee's final proposal revision was late; past performance evaluation was unreasonable, inconsistent with the RFP, and insufficiently documented; agency waived material solicitation requirement only for awardee)

Cyberdata Technologies, Inc., B-406692 (Aug. 8, 2012) (agency ignored FAR 8.4 requirement that price be considered in FSS solicitation for blanket purchase agreement)

The Clay Group, LLC, B-406647, .2 (July 30, 2012) (agency failed to comply with relative importance of evaluation factors stated in solicitation; agency failed to evaluate in accordance with solicitation's evaluation factors; no evidence in record that agency evaluated awardee's product sample for compliance with salient requirements stated in solicitation)

Rocamar Engineering Services, Inc., B-406514 (June 20, 2012) (agency improperly conducted second fire/burn test on protester's system after it had begun to dismantle the system)

KPMG LLP, B-406409 et al. (May 21, 2012) (agency misled protester during discussions into believing resumes were required for all proposed personnel for life of procurement; faulty cost realism analysis--no basis in record for agency's conclusion concerning cost realism of awardee's proposal, especially where its proposed cost savings depended on replacing staff whose resumes were relied on for its higher technical rating)

Tipton Textile Rental, Inc., B-406372 (May 9, 2012) (awardee's quotation failed to comply with material solicitation requirement; evaluators failed to consider protester's responses to queries during discussions; agency improperly ignored awardee's checking of "is not" small business box in small business set-aside)

Sea Box, Inc., B-405711.2 (Mar. 19, 2012) (failure of quotation to include 90-day acceptance period stated in solicitation did not render it unacceptable because quotations are not offers; awardee's failure to comply with RFQ's requirements to submit technical information  concerning its quotation meant record did not support agency's decision quotation was acceptable)

NikiSoft Systems Corp., B-406179 (Feb. 29, 2012) (agency did not meaningfully consider protester's lower price in awarding to higher technically rated proposal; agency failed to provide meaningful explanation for past performance evaluation)

The Emergence Group, B-404844.7 (Feb. 29, 2012) (successful protest against past performance evaluation in corrective action undertaken as a result of first successful protest

ERIE Strayer Co., B-406131 (Feb. 21, 2012) (unequal discussions; lack of meaningful discussions)

MANCON, B-405663 (Feb. 9, 2012) (acceptability of offeror's small business subcontracting plan should have been responsibility issue, not pass/fail reason for evaluating proposal as technically unacceptable)

Digital Technologies, Inc., B-406805, .2 (Feb. 6, 2011) (flawed cost realism analysis)

Y&K Maintenance, Inc., B-405310.6 (Feb. 2, 2012) (evaluation of protester's key personnel under experience subfactor was inconsistent with solicitation's stated evaluation criteria)

TriCenturion, Inc.; SafeGuard Services, LLC, B-406032, et al. (Jan. 25, 2012) (cost realism, technical, and past performance evaluations all were insufficiently documented in the record)

Standard Communications, Inc., B-406021 (Jan. 24, 2012) (lack of meaningful discussions; only awardee allowed to make material changes in its proposal that rendered originally technically unacceptable quote acceptable)

SeKON Enterprise, Inc., Signature Consulting Group, B-405921, .2 (Jan. 17, 2012) (lack of meaningful discussions: without proper analysis of proposal, agency improperly directed protester to increase its staffing (and thus its costs))

ITT Systems Corp., B-405865, .2 (Jan. 6, 2012) (no explanation in record for apparent discrepancies (and lack of logical connection) between cost and technical evaluations)

APEX-MBM, JV, B-405107.3 (Oct. 3, 2011) (agency used unstated evaluation criterion to evaluate item the solicitation did not require to be submitted with the proposals but instead suggested would be handled after award)  

The Ross Group Construction Corp., B-405180.2 (Nov. 28, 2011) (past performance evaluation lacked rational basis because awardee received superior rating despite failing to comply with solicitation's stated requirements)

North Wind, Inc;  Earth Resources Technology, Inc., B-404880.4, .5, .6 (Nov. 4, 2011) (agency improperly evaluated awardee's proposal by, in effect, waiving the page limit by allowing it to submit significant portions of its proposal in appendices without informing other offerors, who strictly complied with the page limit, that the approach taken by the awardee to provide additional information was acceptable)

Raytheon Technical Services Co., B-404655.4, .5, .6 (Oct. 11, 2011) (agency relaxed evaluation requirement for awardee by ignoring material failure to propose loaded labor rates for 20 labor categories; agency failed to provide common cut-off date for receipt of proposals; agency treated offerors unequally by giving awardee credit under management factor for similar item to that proposed by protester)

EBA Ernest Bland Assocs., P.C., B-404825.5, .6 (Oct. 11, 2011) (evaluation made without consideration of solicitation's evaluation terms)

The Emergence Group, B-404844.5, .6 (Sep. 26, 2011) (agency did not meaningfully evaluate relevance of prior contracts in past performance evaluation; agency did not evaluate protester's proposal consistently with evaluation of other offeror's proposals)

PCCP Constructors, JV; Bechtel Infrastructure Corp., B-405036, et al. (Aug. 4, 2011) (agency evaluated technical proposal for foundation design in a manner inconsistent with solicitation requirements; agency led offerors to believe they had to bid full budget amount and then credited awardee for proposing less than that; agency's investigation of OCI was inadequate because it did not consider former official's access to source selection information about procurement through prior access to documents and continuing contacts with source selection officials) 

Raytheon Co., B-404998 (July 25, 2011) (lack of meaningful discussions; improper evaluation of references under experience evaluation factor)

SafeGuard Services, LLC, B-404910 (June 28, 2011) (agency improperly rejected proposal after offeror submitted revised business proposal (containing some subcontractor spreadsheets) late; agency should have considered whether the proposal was complete even without the spreadsheets)

One Largo Metro LLC; Metroview Development Holdings, LLC; King Farm Associates, LLC, B-404896 et al. (June 20, 2011) (evaluation not in accordance with solicitation's evaluation scheme and failure of source selection authority to meaningfully consider evaluated differences among proposals)

Mission Essential Personnel, LLC, B-404218.2, .3 (June 14, 2011) (agency failed to evaluate resumes in accordance with solicitation's evaluation scheme)

MPRI, Division of L-3 Industries, Inc., B-402548 et al. (2011) (amount of agency's upward adjustment to protester's labor rates in cost realism evaluation was unreasonable)

Diebold, Inc. B-404823 (June 2, 2011) (agency materially modified solicitation's requirements only for awardee)

Solers, Inc., B-404032.3, .4 (Apr. 6, 2011) (awardee took exception to solicitation requirement to propose fixed price; flawed past performance and technical evaluations)

Medical Development International, Inc., B-402198.2 (Mar. 28, 2010) (unreasonable price evaluation; agency improperly ignored fact that awardee's proposal required agency to take certain action by specified date, which agency did not do; note decision is very belatedly published)

Technology Concepts & Design, Inc. B-403949.2, .3 (Mar. 25, 2011) (evaluation lacks a rational basis and was on a different basis than required by the solicitation)

A1 Procurement, JVG, B-404618 (Mar. 14,  2011) (no documentation in the record supporting agency's rationale for rejecting protester's fixed-price proposal as being "too low")

I.M. Systems Group, B-404583 et al. (Feb. 25, 2011) (agency did not perform required cost realism evaluation of either awardee's or protester's proposal)  

IBM Global Business Services, B-404498, .2 (Feb. 23, 2011) (agency rewarded awardee's proposal on basis of unstated evaluation criterion; agency evaluated on basis of much different quantities than those suggested in the solicitation)

Resource Dimensions, LLC, B-404536 (Feb. 24, 2011) (lack of adequate supporting rationale on the record demonstrating rational basis for agency's evaluation of protester's oral presentation)

U. S. Information Technologies Corp., B-404357, .2 (Feb. 2, 2011) (FSS best value procurement; no explanation in record why awardee's past projects were considered similar in scope and complexity as required by solicitation; flawed best-value analysis--agency failed to assess the vendors' differing strengths or otherwise explain why the quotations were technically equal) 

Northeast Military Sales, Inc., B-404153 (Jan. 13, 2011) (agency ignored adverse past performance evaluation concerning awardee so that its past performance rating of "exceptional" lacked a rational basis)

Marine Hydraulics International, Inc., B-403386, -.2 (Nov. 3, 2010) (erroneous upward adjustments to cost proposal in cost realism evaluation)

PMO Partnership Joint Venture, B-403214, .2 (Oct. 12, 2010) (solicitation did not require cost or pricing data so agency should not have rejected proposal for noncompliance with cost or pricing data requirements of FAR Part 15)

Douglas County Fire District #2, B-403228 (Oct. 4, 2010) (agency unreasonably rated incumbent's proposal as "fail" in the geographic coverage evaluation factor where it offered to provide same geographic coverage as it had successfully provided under predecessor contract and where its proposal language was similar to the awardee's, which the agency rated as "pass")

Biblia, Inc., B-403006 (Sep. 13, 2010) (agency failed to document basis for best value evaluation)

DRS ICAS, LLC, B-401852.4, .5 (Sep. 8, 2010) (numerous technical weaknesses assessed by agency's evaluators lacked a rational basis; agency should have considered additional performance under related contract that occurred between time of original evaluation and reevaluation after corrective action; agency improperly assessed a weakness for failure to explain an item for which neither the solicitation nor the specifications required an explanation)

Vanguard Recovery Assistance, Joint Venture, B-401679.8, .9, .10 (Sep. 8, 2010) (flawed past performance evaluation based on numerical scoring system that reduced offeror's overall rating for submitting additional information on two less relevant contracts, even though it received the highest adjectival rating on all the individual contracts it submitted)

System Engineering International, Inc., B-402754 (July 20, 2010)  (agency only included two higher-rated, higher-priced quotations in its price/technical tradeoff analysis when lower-priced, lower-rated quotations were technically acceptable)

Brican Inc., B-402602 (June 17, 2010) (unequal past performance and experience evaluations)

Wackenhut Services, Inc., B-402550.2 (June 7, 2010) (agency improperly evaluated a management approach prohibited by the solicitation as an attribute that exceeded the solicitation's minimum requirements)

Powersolv, Inc., B-402534, .2 (June 1, 2010) (evaluation of protester's project manager was inconsistent with solicitation's evaluation scheme and no evidence in record demonstrates agency meaningfully evaluated price in making award decision)

Contrack International, Inc., B-401871.5, .6, .7 (May 24, 2010) (flawed past performance evaluation)

Ewing Construction Co., B-401887.3, .4 (Apr. 26, 2010) (agency improperly evaluated part of proposal as rendering firm ineligible for award when, under solicitation's evaluation scheme, such a deficiency should only have resulted in proposal being downgraded)

J2A2JV, LLC, B-401663.4 (Apr. 19, 2010) (firm failed to meet definitive responsibility criterion of five years relevant experience)

Irving Burton Associates, Inc., B-401983.3 (Mar. 29, 2010) (flawed evaluation; lack of rational basis for agency's evaluation of awardee's transition plan and program milestones and protester's alleged lack of proposal detail)

Shaw-Parsons Infrastructure Recovery Consultants, LLC, B-401679.4, .5, .6, .7 (Mar. 10, 2010) (flawed past performance evaluation; failure to adequately consider narrative responses in past performance questionnaires)

General Dynamics One Source, LLC; Unisys Corporation, B-400340.5, .6 (January 20, 2010) (improper price realism evaluation re staffing; improper relaxation of solicitation requirement re incentive fee for only one offeror)

AINS, Inc., B-400760.4 (Jan. 19, 2010) (lack of meaningful discussions; flawed evaluation of quotations in response to solicitation for blanket purchase agreement)

PMO Partnership JV, B-401973.3, .5 (Jan. 14, 2010) (no rational basis for agency's determination that JV's proposed dual, overhead rate structure meant its accounting system was unacceptable, a matter of responsibility)

McKissack+Delcan JV II, B-401973.2, .4 (Jan. 13, 2010) (no rational basis for agency determination that JV's proposed dual, overhead rate structure meant its accounting system was unacceptable, a matter of responsibility)

C & B Construction, Inc., B-401988.2 (Jan. 10, 2010) (lack of documentation by agency of rationale for selecting higher-priced quotation for task order under BPA)

AMEC Earth & Environmental, Inc., B-401961, .2 (Dec. 22, 2009) (agency failed to conduct meaningful discussions and treated offerors unequally in its evaluation by (i) failing to apprise protester of weaknesses in its proposal to the same extent the agency did so with all other offerors and (ii) failing to evaluate other offerors' neglect to identify an issue required by the solicitation that the protester had reasonably identified based)

Milani Construction, LLC, B-401942 (Dec. 22, 2009) (rejection of proposal for fixed price contract on basis of lack of price realism was improper where agency did not announce that price realism would be an evaluation factor)

Coastal Environments, Inc., B-401889 (Dec. 18, 2009) (tradeoff analysis failed to include lowest priced proposals even though they were technically acceptable and low risk)

Velos, Inc., B-400500.8, .9 (Dec. 14, 2009) (source selection official's final evaluation was unreasonable where he ignored evaluation panel on one technical issue in favor of opinion of consultant who had only reviewed a response to one discussion question rather than proposal as a whole; performance risk evaluation based solely on date of D&B report was unreasonable.

Navistar Defense, LLC; BAE Systems, Tactical Vehicle Systems LP, B-401865. .2, .3, .4, .5, .6, .7 (Dec. 14, 2009) (improper past performance evaluation and risk assessment of performance capabilities)

Port of Bellingham, B-401837 (Dec. 2, 2009) (evaluation lacked a reasonable basis)

The Analysis Group, LLC, B-4 (Nov. 13, 2009) (agency improperly conducted discussions only with successful offeror and did not properly evaluate successful offeror's "impaired objectivity" OCI)

Health Net Federal Services, LLC, B-401652.3, -.5 (Nov. 4, 2009) (flawed past performance, price realism, and proposal risk evaluations, as well as appearance of conflict of interest)

Humana Military Healthcare Services, B-401652.2, .4, .6 (Oct. 28, 2009) (agency's evaluation unreasonably failed to fully recognize and reasonably account for the likely cost savings associated with protester's record of obtaining network provider discounts from its established network in the performance region )

Caddell Construction Co., B-401596, -401597, =401598 (Sep. 21, 2009) (agency had no basis for concluding, as required by Security Act, that offeror had sufficient relevant experience performing projects similar in size and scope to those required by the solicitation)

T-C Transcription, Inc., B-401470 (Sep. 16, 2009) (faulty evaluation)

Northrop Grumman Information Technology, Inc., B-400134.10 (Aug. 18, 2009) (improper technical evaluation; failure to discriminate among proposals where solicitation provided for evaluation of the extent to which they exceeded solicitation requirement)

Public Communications Services, Inc., B-400058, 400058.3 (July 18, 2009) (GAO has jurisdiction over a no-cost contract for provision of phone services to detainees; flawed evaluation; unequal treatment of offerors in evaluation)

AINS, Inc., B-400760.2, -.3 (June 12, 2009) (faulty evaluation of protester's proposal)

Ashbury International Group, Inc., B-401123 (June 1, 2009) (failure to conduct meaningful discussions; failure to conduct required tests on awardee's submittal)

Engineering Management & Integration, Inc., B-400356.4, -.5 (May 21, 2009) (unreasonable rejection of proposal for providing number of certified staff rather than percentage of certified staff)

Ahtna Support & Training Services, LLC, B-400947.2 (May 15, 2009) (unequal evaluation of experience of proposed subcontractors of awardee and protester)

CIGNA Government Services, B-401062.2, .3 (May 6, 2009) (agency failed to conduct meaningful discussions where it determined that certain of protester's proposed costs were understated and  adjusted most probable cost estimate associated with protester's costs upwards rather than reopening discussions to allow it an opportunity to address the issue; agency evaluated past performance of the awardee's minor subcontractor where solicitation provided for consideration of past performance only of "significant" or "critical" subcontractors; and (iii) agency presented no rational basis for its less favorable evaluation of protester's proposal for one of  awards contemplated under solicitation  than for another, essentially identical proposal submitted by protester for a different award under same solicitation)

American K-9 Detection Services, Inc., B-400464.6 (May 5, 2009) (lack of meaningful discussions)

Wisconsin Physician Service Insurance Corp., B-401063 (May 4, 2009) (flawed cost realism, technical, and past performance evaluations; lack of meaningful discussions re protester's past performance)

LIS, Inc., B-400646.2, .3 (Mar. 25, 2009) (faulty best value analysis lacking in supporting documentation)

The S. M. Stoller Corp., B- 400937, .3, .4 (Mar. 25, 2009) (improper relaxation of PWS requirements for one offeror without informing others that such relaxation was permissible)

ACCESS Systems, Inc., B-400623.3 (Mar. 4, 2009) (evaluation did not justify award to higher priced offeror)

Arc-Tech, Inc. B-400325.3 (Feb. 19, 2009) (improper exclusion of proposal from competitive range without documentation showing it was technically unacceptable and without evaluation of cost)

The Analysis Group, LLC, B-401726, .2 (Nov. 13, 2009) (agency improperly conducted discussions only with successful offeror and did not properly evaluate successful offeror's "impaired objectivity" OCI)

Honeywell Technology Solutions, Inc., B-400771, -.2 (Jan. 27, 2009) (past performance evaluation based upon contract too small to be considered similar to current procurement is not reasonable)

Tiger Truck, LLC, B-400685 (Jan. 14, 2009) (agency's failure to conduct meaningful discussion and failed to follow correct procedures for products identified as non-compliant with the Trade Agreements Act)

Velos, Inc., et al., B-400500, et al. (Nov. 28, 2008) (agency misled protester during discussions into believing that license software terms were acceptable and then found them unacceptable)

Burchick Construction Co., B-400342 (Oct. 6, 2008) (failure to conduct meaningful discussions regarding weaknesses in several parts of its technical proposal, including past performance, small business participation, and quality control plan)

Helicopter Transport Services LLC, B-400295 (Sep. 29, 2008) (undocumented past performance evaluation; improper technical evaluation on pass/fail basis)

Radiation Oncology Group of WNY, PC, B-310354.2, -.3 (Sept. 18, 2008) (late proposal revisions; lack of documented basis for evaluation)

ASRC Research & Technology Solutions, LLC, B-400217, -.2 (Aug. 21, 2008) (flawed technical risk and past performance evaluations; cost of hiring incumbent personnel)

New Jersey & H Street, LLC, B-311314.3 (June 30, 2008) (lack of meaningful discussions; improperly crediting awardee for an approach that did not comply with the solicitation's requirements)

Master Lock Company, LLC, B-309982.2 (June 24, 2008) (improperly raising awardee's evaluation scores in socioeconomic and JWOD evaluation factors solely on the basis that it was a small business)

Trammel Crow Co., B-311314.2 (June 20, 2008) (lack of meaningful discussions; improperly crediting awardee for an approach that did not comply with the solicitation's requirements)

Consolidated Engineering Services, Inc., B-311313 (June10, 2008) (flawed technical evaluation; flawed experience evaluation; undisclosed evaluation of transition risk involved in moving to non-incumbent)

MCT JV, B-311245.2; B-311245.4 (May 16, 2008) (lack of meaningful discussions; failure of agency to assess performance risks associated with  awardee's failure to follow solicitation criterion warning offerors not to propose unrealistically low costs after awardee capped its indirect rates below its actual costs)

Joint Venture Penauille/BMAR & Associates, LLC, B-311200; B-311200.2 (May 13, 2008) (defective price evaluation)

Native American Industrial Distributors, Inc., B-310737.3, .4, .5 (Apr. 15, 2008)(failure of awardee to provide required letters of commitment for all key personnel)

Fedcar Company, Ltd., B-310980. -.2, -.3 (Mar. 25, 2008)(faulty price evaluation; inadequate price/technical trade-off analysis; agency counter offered instead of accepting awardee's offer, so no contract formed)

 

Responsiveness; Bid Mistakes and Corrections; Late Bids

TLS Joint Venture, LLC, B-422275 (Apr. 1, 2024) (awardee’s required registration in SAM lapsed between the close of the solicitation period and award of the contract)

Master Pavement Line Corp., B-419111 (Dec. 16, 2020) (improper to reject low bid as nonresponsive for failure to have active SAM registration at time of bid submission, which was only a matter of responsibility that the bidder should have been given an opportunity to correct)

Chags Health Information Technology, LLC, B-413104.30, .37 (Apr. 11, 2019) (improper for agency to disqualify a proposal for late submission of password required to decode a submitted document that related solely to determination of responsibility)

BCW Group, LLC, B-417209, .2, .3, .4 (Mar. 27, 2019) (where lowest bidder responded timely and affirmatively to request from procuring agency's agent (FedBid) to verify bidder's intent to meet solicitation's maintenance requirements in reverse auction procurement, agency improperly ignored low bid, even though FedBid had never notified the agency of the request for validation or the bidder's response)

Addison Constr. Co., B-416525, .2 (Sep. 4, 2018) (agency should have determined that protester presented sufficient information re Buy America Requirements with bid to avoid being rejected for nonresponsiveness)

Herman Construction Group, Inc., B-415480 (Jan. 5, 2018) (record did not support agency's conclusion that awardee had submitted sufficient evidence to support correction of allegedly mistaken bid)

Kratos Defense & Rocket Support Services, Inc., B-413143, .2 (Aug. 23, 2016) (awardee's proposal based on assumption that agency would provide on-site workspace when solicitation clearly stated it would not)

AECOM Technical Services, Inc., B-411862 (Nov. 12, 2015) (protest against agency’s decision to reject the protester’s proposal because it was submitted to an incorrect location within the FedConnect web portal is sustained where record shows that: the complete proposal was timely submitted; the agency was contemporaneously aware of the proposal’s submission; the agency plans to make multiple awards, so that no other competitor can claim to have been meaningfully harmed by accepting the proposal; the proposal was out of protester’s control and therefore could not have been altered or revised after the deadline for proposal submission had passed; and acceptance of the proposal as timely will enhance competition)

Latvian Connection, LLC, B-411489 (Aug. 11, 2014) (agency did not provide offeror sufficient time to respond to solicitation amendment) 

IBM U.S. Federal, et al., B-409806, .2, .4, .5 (Aug. 15, 2014) (quotation took exception to material solicitation terms, violated the solicitation’s page limit provisions, and the SSA’s decision overruling technical evaluation committee’s determination regarding technical unacceptability of quotation was inadequately documented)

Hamilton Pacific Chamberlain, LLC, B-409795 (Aug. 11, 2014) (awardee's failure to submit original of bid guarantee could not be waived as minor informality)

AeroSage LLC, B-409627 (July 2, 2014) (Contracting Officer improperly bypassed low bidder that had timely and properly confirmed its bid in accordance with solicitation terms but who had not timely responded to an additional confirmation requirement not identified in solicitation but imposed by the Contracting Officer)

ICI, Services, Inc., B-409231.2 (Apr. 23, 2014) (agency was wrong to reject submission of revised proposal by email to Contract Specialist because agency had experienced problems with designated SeaPort-e Proposal Event Website portal for receiving proposals, offeror had received permission from specialist to email revision to him, email was timely sent and received, and firm timely complied with agency's subsequent solicitation amendment  instructing all offerors to resubmit proposal revisions to the website portal)

C&D Construction, Inc., B-408930.2 (Feb. 14, 2014) (agency improperly waived solicitation requirement for awardee by ignoring omission in bid that resulted in lack of clear commitment to perform optional scope of work)

Infoshred LLC, B-407086 (Oct. 26, 2012)  (agency was wrong to reject quotation for failure to acknowledge immaterial solicitation amendment that did not impose additional requirements on contractor)

Veterans Contracting Group, Inc., B-405940 (Jan. 12, 2012) (bid improperly rejected as nonresponsive for proposing chiller and refrigerant not prohibited by specifications)

W. B. Construction and Sons, Inc., B-405818, .2 (Jan. 4, 2012) (improper rejection of bid as nonresponsive for failing to provide price for one of many line items included in bid schedule, where omitted item was (i) divisible from solicitation’s overall requirements, (ii) de minimis as to total cost, and (iii) would not affect the competitive standing of the bidders; improper rejection of bid as unbalanced where  agency failed to conduct  FAR 15.404-1(g) risk analysis to determine whether unbalanced bid posed unacceptable risk to Government)

NCI Information Systems, Inc., B-405745 (Dec. 14, 2011) (proposal is late because submitted after time stated in FAR (4:30 pm) for application to solicitations that do not include a specific time by which proposals must be received)

Shaka, Inc., B-405552 (Nov. 14, 2011) (agency improperly found rejected bid bond that bidder obtained bond through its sub's relationship with the surety and, therefore, improperly rejected bid as nonresponsive)

MEDI-e-ImageData Corp., B-405164 (Sep. 16, 2011) (awardee's proposal did not comply with material requirements of request for quotations)

Solers, Inc., B-404032.3, .4 (Apr. 6, 2011) (awardee took exception to solicitation requirement to propose fixed price)

Ocean Services, LLC, B-404690 (Apr. 6, 2011) (agency should not have rejected bid whose acceptance period expired on a Saturday when the bidder revived it the next Monday by extending the acceptance period)

Hostetter, Keach & Cassandra Construction LLC, B-403329 (Oct. 15, 2010) (discrepancy in names of bidder and bid bond principal not cause for rejection of bid as nonresponsive where the record shows they are the same entity)

Data Integrators, Inc., B-310928 (Jan. 31, 2008) (agency's improper acceptance of a late quotation)

 

OMB Circular A-76 Cost Comparisons

Bruce Bancroft--Agency Tender Official; Sam Rodriquez--Designated Employee Agent, B-400404 (Nov. 17, 2009) (lack of agency documentation supporting conclusion that staffing plan was adequate)

Frank A. Bloomer--Agency Tender Official, B-401482.2, .3 , (Oct. 19, 2009) (improper cost and cost-realism evaluations of private sector offer in OMB Circular A-76 public-private competition)

New Dynamics Corp., B-401272 (July 8, 2009) (agency failed to reasonably consider whether agency tender's material and supply costs were realistic in A-76 procurement)

Rosemary Livingston--Agency Tender Official, B-401102.2 (July 6, 2009) (OMB A-76 public-private competition; inadequate documentation and inconsistent agency statements concerning tender's shortcomings) 

FSS Contracts; Task and Delivery Order Issues

Meridian Knowledge Solutions, LLC, B-420150, .2, .3 (Dec. 13, 2021) (award of BPAs to two vendors for periods only equal to time remaining on their underlying FSS contracts was inconsistent with material requirement of solicitation that contemplated 10-year awards (base year and nine, one-year options))

Deloitte Consulting, LLP, B-419508, .2 (Apr. 15, 2021) (task order award was for services outside the scope of awardee's FSS contract)

Noble Supply & Logistics, Inc., B-418141 (Jan. 16, 2020) (protest against agency’s use of a highest-technically rated, reasonably-priced source selection methodology when establishing single-award BPAs with FSS contract holders is sustained because: (i) the methodology (which does not include comparison of prices or evaluation of price as part of best value determination) does not satisfy the agency’s  obligation to establish BPAs with schedule contractors that can provide the supplies or services that represent the best value and result in the lowest overall cost alternative to meet the Government’s needs; and (ii) the required pricing structure is inconsistent with the terms of the underlying FSS contract) 

NCS Technologies, Inc., B-417956, .2 (Dec. 13, 2019) (neither of protested firm's two overlapping FSS contracts was sufficient alone, or in combination, to cover the work awarded to it under BPA) 

Hi-Tech Bed Systems Corp., B-416972, .2 (Jan. 16, 2019) (no indication within the contemporaneous record that the procuring agency meaningfully considered whether the modified bed design quoted by two vendors (i)  would qualify as a customized version of their applicable FSS schedule items or (ii)  complied with the GSA schedule technical requirements, including the applicable testing requirements)

Savannah Cleaning Systems, Inc., B-415817 (Mar. 27, 2018) (improper to issue FSS purchase order where quoted item (i) did not meet specifications, (ii) was not shown to be equivalent to specified brand name item, and (iii) was not listed on vendor's FSS schedule)

Scope Infotech, Inc., B-414782.4, .5 (Mar. 22, 2018) (in competition among FSS vendors, agency improperly issued a task order to one vendor that included non-FSS items)

Bluewater Management Group, LLC, B- (Sep. 18, 2017) (task order issued to firm was for services not included in its FSS contract)

Threat Management Group, LLC, B-413729 (Dec. 21, 2016) (limited information made available by agency supports protester's contention that agency issued out-of-scope task order rather than competing requirement)

Tempus Nova, Inc., B-412821 (June 14, 2016) (agency issued delivery order for item not included in underlying FSS blanket purchase agreement)

US Investigations Services, Professional Services Division, B-410452.2 (Jan. 15, 2015) (record does not support agency's determination that purchase order was within the scope of awardee's underlying FSS contract where contract did not include labor categories involved in protested purchase order)

Aldevra, B-406608, et al, (July 13, 2012) (VA violated Veterans Benefits, Health Care, and Information Technology Act of 2006 by issuing four FSS acquisitions without having first determined whether two or more SDVOSBs could meet agency's requirements at  reasonable price)

Kingdomware Technologies, B-405727 (Dec. 19, 2011) (agency improperly used FSS procedures rather than setting procurement aside for SDVOSBs as required by the Veterans Benefits, Health Care, and Information Technology Act of 2006)

Rapiscan Systems, Inc., B-401773.2, .3 (Mar. 15, 2010) (purchase order for items not included in vendor's FSS contract was improper where solicitation had limited competition to vendors holding FSS contracts)

DynCorp International LLC, B-402349 (Mar. 15, 2010) (task order solicitations were outside the scope of multiple award contracts)

American Security Programs, Inc., B-402069, .2 (Jan. 15, 2010) (task order was outside scope of FSS contract)

C & B Construction, Inc., B-401988.2 (Jan. 10, 2010) (lack of documentation by agency of rationale for selecting higher-priced quotation for task order under BPA)

Science Applications International Corp., B-401773 (Nov. 10, 2009) (purchase order for items not on vendor's FSS contract list was improper after solicitation limited to firms holding FSS contracts for required items)

Carahsoft Technology Corp., B-401169  (June 29, 2009) (agency unreasonably issued an order based on a proposal that failed to meet one of the minimum technical requirements of the specification)

Seaborn Health Care, Inc., B-400429 (Oct. 27, 2008) (improper requirement for non-FSS supervisory services in RFQ limited to FSS contractors)

Changed Requirements 

Leupold Stevens, Inc., B-417796 (Oct. 30, 2019) (recommends rescission of contract modification for services prohibited by contract that cause material increase in the contract's value because modification is beyond the scope of the contract) 

Global Computer Enterprises, Inc., B-404597, et al. (Mar. 9, 2011) (Government's needs for migration services during first two years of contract changed so that they were much less than the amount of migration on which offerors were required to bid) 

Sole Source; Restricted Competition; Bundling 

UpSlope Advisors, Inc., B-419036, .2 (Nov. 25, 2020) (agency failed to comply with SBA’s regulations when it announced its intention to award a sole-source contract to a tribally owned concern where the record reflects that the contract is for the same requirement as one previously competed within the SBA’s section 8(a) program.

ASRC Federal Data Network Technologies, LLC, B-418028, .2 (Dec. 26, 2019) (under terms of applicable SBA SBIR Program Policy Directive, company was ineligible to receive SBIR phase III sole source award because it had never performed, or been novated, a phase I or II award) 

Academy Medical, LLC, B-418223, .2 (Jan. 31, 2020) (agency's market research concerning VA's Rule of Two relied on outdated information in from a prior solicitation with materially different requirements in concluding there was not a reasonable expectation that at least two VOSBs or SDVOSBs would be capable of performing the work at a fair and reasonable price and, thus, the agency improperly issued the current solicitation as unrestricted)

Ekagra Partners, LLC, B-408685.18 (Feb. 15, 2019) (procurement is unduly restrictive of competition where agency failed to provide reasonable explanation for inclusion of solicitation term that prohibited a mentor-protégé joint venture from submitting a proposal as part of a contractor teaming arrangement that includes additional subcontractors)

Mechanix Wear, Inc., B-415704, .2 (Nov. 19, 2018) (in solicitation for combat gloves, agency's use of Berry Amendment to require use of domestic goat/kidskin leather was improper because regulations implementing Berry Amendment clearly contain exception for goat/kidskin, and there is no provision in Berry Act regulations that would require the agency to conduct market availability research under Buy American Act when a Berry Amendment exception applies)

AeroSage, LLC, B-416381 (Aug. 23, 2018) (agency failed to conduct adequate market research before deciding not to set aside certain line items for small businesses)

Oracle America, Inc., B-416061 (May 31, 2018) (Army's use of "other transaction authority" to enter into "follow-on production transaction" was improper because not accomplished in accordance with governing statute, 10 U.S.C. 2371b)

Alliant Solutions, LLC, B-415994, .2 (May 14, 2018) (letter of technical direction ordered work beyond the scope of underlying task order)

Global SuperTanker Services, LLC, B-414987, .2 (Nov. 6, 2017) (detailed decision concluding that agency's rationales for restrictive specifications are unsupported in the record and unduly restrictive of competition)

Onix Networking Corp., B-411841 (Nov. 9, 2015) (out-of-scope modification to task order for product not contemplated by original award amounted to improper sole-source award)

Fire Risk Management, Inc., B-411552 (Aug. 20, 2015) (agency's market research was flawed and did not support agency's conclusion that the procurement should not be set aside for SDVOSBs)

Triad Isotopes, Inc., B-411360 (July 16, 2015) (agency failed to conduct adequate market analysis to determine that it would receive at least two bids from responsive, responsible small business and, therefore, decision to restrict competition to small businesses was unreasonable)

Coulson Aviation (USA) Inc., et al., B-409356.2-.6 (Mar. 31, 2014) (agreement to award sole-source contract in exchange for withdrawal of earlier protest was not adequate justification for sole-source award)

Asiel Enterprises, Inc., B-408315.2 (Sep. 5, 2013) (10 U.S.C. 2492 cannot be used as authority to justify transferring an appropriated fund mission essential requirement to a nonappropriated fund instrumentality using a memorandum of agreement)

Desktop Alert, Inc., B-408196 (July 22, 2013) (agency failed to demonstrate reasonable basis for brand name restriction in solicitation for emergency mass notification system)

Asiel Enterprises, Inc. B-406780, 406836 (Aug. 28, 2012) (Air Force lacked authority to transfer of mission essential food service requirements to NAFI on a non-competitive basis and without a sole-source justification)

Aldevra, B-406331, 406391 (Apr. 20, 2012) (VA violated Veterans Benefits, Health Care, and Information Technology Act of 2006 by issuing FSS acquisition without having first determined whether two or more SDVOSBs could meet agency's requirements at  reasonable price)

DNO, Inc., B-406256, .2 (Mar. 22, 2012) (agency did not properly investigate whether solicitation should be set aside for small businesses)

Crosstown Courier Service, Inc., B-406262 (Mar. 21, 2012) (VA violated Veterans Benefits, Health Care, and Information Technology Act of 2006 by issuing FSS acquisition without having first determined whether two or more SDVOSBs could meet agency's requirements at  reasonable price)

Aldevra, B-406205 (Mar. 14, 2012) (VA failed to consider whether solicitation should be set aside for SDVOSBs)

Total Health Resources, B-403209 (Oct. 4, 2010) (solicitation requirement for prime's experience is unduly restrictive where agency cannot establish sub's experience would not suffice)

Information Ventures, Inc., B-403321 (Sep. 27, 2010) (agency did not justify decision not to award multiple ID/IQ contracts rather than just one)

RBC Bearings, Inc. B-401661, .2 (Oct. 27, 2009) (lack of advance planning doomed sole source award)

OSC Solutions, Inc.  B-401498 (Sep. 14, 2009) (cancellation of RFQ and issuance of orders on a sole-source basis to a non-profit agency under the authority of the Javits-Wagner-O'Day Act is improper because the acquired items are not on the procurement list maintained by the Committee for Purchase From People Who Are Blind or Severely Disabled)

Major Contracting Services, Inc. B-401472 (Sep. 14, 2009) (agency lacked sufficient basis for 4-month sole-source extension of contract)

Mission Critical Solutions, B-401057 (May 4, 2009) (invalid sole-source award; agency's failure to consider availability of HUB-Zone competitors)

Solutions Lucid Group, LLC, B-400967 (Apr. 2, 2009) (agency did not have rational basis for failing to solicit from protester)

SMARTnet, Inc., B-400651.2 (Jan. 27, 2009) (solicitation requirement exceeded agency's minimum needs)

Critical Process Filtration, Inc. B-400751 (Jan. 22, 2009) (agency may not split orders to come within simplified acquisition threshold, and utilize its procedures, where total estimated quantity exceeds simplified acquisition threshold)

Delex Systems, Inc., B-400403 (Oct. 8, 2008) (per FAR 19.502-2(b) (request for delivery order under multiple-award ID/IQ contract should have been set aside for small businesses rather than being unrestricted)

Superlative Technologies, Inc. B-310849, -.2 (Jan. 4, 2008) (procurement integrity; improper cancellation of solicitation)

Small Business, SDVOSB, and HUBZone Issues 

Eminent IT, LLC, B-418570, .2, .3 (June 23, 2020) (agency did not establish that, pursuant to FAR § 19.815 and 13 C.F.R. § 124.504(d), follow-on work was a "new requirement" that would justify the agency removing it from the 8(a) program)

ASRC Federal Data Network Technologies, LLC, B-418028, .2 (Dec. 26, 2019) (under terms of applicable SBA SBIR Program Policy Directive, company was ineligible to receive SBIR phase III sole source award because it had never performed, or been novated, a phase I or II award) 

Veterans4You, Inc., B-417340. .2  (June 3, 2019) (agency issued solicitation without regard to requirements of Veterans Benefits Health Care and Information Technology Act of 2006 reserving contracting opportunities for SDVOSBs or VOSBs)

Goodwill Industries of the Valleys; SourceAmerica, B-415137 (Nov. 29, 2017) (agency violated Javits-Wagner-O’Day Act and its implementation under the AbilityOne program by failing to acquire custodial services for leased premises from mandatory source)

Competitive Range Solutions, LLC, B-413104.10 (Apr. 18, 2017) (agency’s exclusion of protester's proposal based on its failure to have sufficient capabilities in health-related missions amounted to a nonresponsibility determination that should have been referred to the SBA under SBA’s COC procedures)

Spur Design, LLC, B-412245.3 (Feb. 24, 2016) (agency improperly interpreted Rule of Two mandate of Veterans Benefits, Health Care, and Information Technology Act of 2006 to require it to set-aside multiple-award ID/IQ solicitations for VOSBs or SDVOSBs only when there was a reasonable expectation that two qualified firms would compete for each of the contemplated number (in this case 14) of awards.

Latvian Connection, LLC, B-410947 (Mar. 31, 2015) (small business improperly excluded from competition due to perceived lack of business integrity without required CoC referral to SBA)

FitNet Purchasing Alliance, B-410263 (Nov. 26, 2014) (agency's past performance evaluation was flawed in several respects and also constituted a nonresponsibility determination with respect to the protester, which should have been referred to SBA for COC determination)

BGI-Fiore JV, LLC, B-409520 (May 29, 2014) (agency improperly determined that 8(a) JV member was ineligible to compete because SBA had not approved JV agreement by the time proposals were submitted--SBA's regulations only require approval by time of award)

Phoenix Environmental Design Inc., B-407104 (Oct. 26, 2012) (purchase order issued by VA to small business violated Veterans Benefits, Health Care, and Information Technology Act of 2006, where VA (i) was aware of SDVOSBs that appeared capable of performing the work and (ii) did not conclude there were not two or more SDVOSBs that could perform the work at fair and reasonable prices)

The Argos Group, LLC, B-406040 (Jan. 24, 2012) (pre-award protest; 10 percent price evaluation preference required by Historically Underutilized Business Zone Act of 1997, 15 U.S.C. § 657a(b)(3)(B), should be applied in GSA lease procurement because statute applies "in any case in which a contract is to be awarded on the basis of full and open competition," and (i) the lease that will result from this procurement is a contract; (ii) the agency is using full and open competition to award the contract; and (iii) there is no language in the statute suggesting that an exception is applicable for GSA lease procurements)

Commandeer Construction Co. LLC, B-405771 (Dec. 29, 2011) (agency improperly rejected bid of apparently successful offeror on SDVOSB set-aside because the bidder was not listed as eligible on VA's Vendor Information pages when solicitation indicated such businesses were entitled to expedited verification reviews)

W. B. Construction and Sons, Inc., B-405874, .2 (Dec. 16, 2011) (improper award of 8(a) contract to a legal entity form (corporation) different from the one that submitted the proposal (LLC)

Kingdomware Technologies, B-405727 (Dec. 19, 2011) (agency improperly used FSS procedures rather than setting procurement aside for SDVOSBs as required by the Veterans Benefits, Health Care, and Information Technology Act of 2006)

Construct Solutions, Inc., B-405288, .2 (Oct. 11, 2011) (agency should terminate award and award contract to protester where SBA reversed its initial refusal to issue COC to SDVOSB protester because it was based on use of wrong standard for determining compliance with "Limitations on Subcontracting" clause )

Aldevra, B-405271, -405524 (Oct. 11, 2011) (VA violated Veterans Benefits, Health Care, and Information Technology Act of 2006 and implementing regulations in the VAAR by using non-mandatory FSS procedures rather than setting aside acquisition for  SDVOSBs; FAR provisions implementing separate Veterans Benefit Act of 2003 are not controlling)

Explo Systems, Inc., B-404952, .2 (July 8, 2011) (solicitation language clearly required agency to apply HUBZone price evaluation preference in evaluating proposals, even though HUBZone proposal was lower in price than the large business proposal)

Powerhouse Design Architects & Engineers, Ltd., B-403174 et al. (Oct. 7, 2010) (VA failed to set aside architect-engineering services procurements for SDVOSBs)

Rice Services, Inc., B-402966.2 (Sep. 16, 2010) (agency failed to consider whether SDVOSB set-aside should be reserved for HUBZone concerns)

Rice Services, Inc., B-403746 (Sep. 16, 2010) (agency failed to consider whether SDVOSB set-aside should be reserved for HUBZone concerns)

DGR Associates, Inc., B-402494 (May 14, 2010) (agency failed to consider whether conditions for HUBZone set-aside existed before proceeding with 8(a) set-aside)

Eagle Home Medical Corp., B-402387 (Mar. 29, 2010) (agency failed to amend solicitation to comply with SBA OHA decision that NAICS code was improper)

Delex Systems, Inc., B-400403 (Oct. 8, 2008) (per FAR 19.502-2(b) (request for delivery order under multiple-award ID/IQ contract should have been set aside for small businesses rather than being unrestricted)

International Program Group, Inc. B-400278, 400308 (Sep. 19, 2008) (agency failed to consider whether conditions for HUB-Zone set-aside existed before proceeding with SDVOSB set-aside)

Singleton Enterprises-GMT Mechanical, A Joint Venture, B-310552 (Jan. 10, 2008) (procuring agency's improper determination that offeror was nonresponsive due to lack of SDVOSB status)

Conflicts of Interest; Procurement Integrity Act

Deloitte Consulting, LLP, B-422094, .2 (Jan. 18, 2024) (agency failed to consider impact on contract performance of awardee's elimination of team member to mitigate OCI)

Guidehouse, Inc., B-421740, .2 (Sep. 18, 2023) (limited record provided by agency to GAO does not indicate that agency adequately addressed apparent conflict of interest of chairman of evaluation board who was former employee of awardee of task order)

MANDEX, Inc. , B-21664, .2, .3  (Aug. 16, 2023) (in evaluating whether awardee had unequal access to information OCI as a result of its work on another task order, agency concluded that awardee had not had time to obtain such information rather than whether it had access to it; work on second task order includes evaluation of work on challenged task order and, therefore, creates potential for impaired objectivity OCI)

Guidehouse LLP, B-419848.3, .4, .5 (June 6, 2022) (agency’s impaired objectivity OCI analysis mistakenly focused upon whether two work efforts were similar in size and scope rather than whether the awardee would be in a position to review its own work; in best value tradeoff analysis, agency failed to adequately document or explain why the awardee’s technical advantages justified paying the price premium associated with its quotation)  

Serco Inc., B-419672.2, .3 (Dec. 6, 2021) (protest that awardee gained an unfair competitive advantage in preparing its proposal by using information provided by former high-level agency officials is sustained where, after taking corrective action to investigate an allegation of an unfair competitive advantage conflict of interest, the agency unreasonably concluded that the information to which the former officials had access, as well as information that was demonstrably provided to the awardee, did not constitute non-public, competitively useful information)

Northrop Grumman Systems Corp.--Mission Systems, B-419560.3, .4, .6, .7 (Aug. 18, 2021) (agency failed to reasonably consider potential impact of a conflict of interest created by a government employee who developed specifications for solicitation while simultaneously engaging in employment negotiations with firm that ultimately received award under the solicitation)

Steel Point Solutions, LLC, B-418709, .2 (July 7, 2021) (agency failed to adequately consider awardee's other contracts that created impaired objectivity OCI)

Teledyne Brown Eng'g, Inc., B-418835, .2 (Sep. 25, 2020) (agency failed to adequately investigate or mitigate apparent conflict of interest arising from an ongoing personal relationship between agency employee (who was intimately involved with every aspect of procurement, including evaluation) and employee of predecessor prime that was also subcontractor to winning bidder)

AT&T Corp., B-417107.4  (July 2, 2020) (contracting officer’s determination that there was no potential impaired objectivity OCI associated with the awardee was based on unreasonable interpretations of the SOW)

Obsidian Solutions Group, LLC, B-417134, .2 (Mar. 1, 2019) (in competition for a multiple-award indefinite-delivery, indefinite-quantity contract, record does not support the Contracting Officer’s determination that the hiring of a former government employee by the protester’s subcontractor, and his appearance at an oral presentation on behalf of the protester (shortly after his retirement from the agency), created an unfair competitive advantage under FAR subpart 3.1, because (i) all qualified offerors with an acceptable proposal, and a fair and reasonable price, were to receive an award, and thus there is little risk of an unfair competitive advantage from these actions at this stage in the procurement and (ii) none of the three categories of information to which the former government employee had access could be considered competitively useful non-public information)

Safal Partners, Inc., B-416937, .2 (Jan. 15, 2019) (Contracting Officer's impaired objectivity OCI analysis of awardee's subcontractor (whose separate contract with agency could benefit it financially because it could both recommend grantees for technical assistance under the separate contract and provide that assistance under the protested contract) was flawed because it relied on an improper legal standard)

C2C Innovative Solutions, Inc., B-416289, .2 (July 30, 2018) (agency failed to evaluate potential impaired objectivity OCI where awardee's wholly owned subsidiary would decide appeals from awardee's own claims decisions; agency failed to reasonably evaluate unequal access to information OCI arising from relationship between awardee and subsidiary)

Dell Services Federal Government, Inc., B-414461.3, .4, .5 (June 19, 2018) (unequal access OCI; an individual participating in the preparation of awardee’s proposal had access to competitively useful, non-public information about the protester under another contract)

Archimedes Global, Inc., B-415886.2 (June 1, 2018) (agency’s decision to disqualify protester for OCI not based on hard facts, but, rather, on innuendo and supposition concerning the activities of another firms' employees: "Chief among our concerns is the fact that the contracting officer, without any underlying evidence, concluded that, because there was a possibility that the individuals in question may have had access to competitively useful, non-public information, that information necessarily was provided to [the protester}. However, the record shows that neither individual currently is employed by [the protester], and there is no evidence to show that the individuals provided [the protester] with competitively useful, non-public information, or otherwise participated in preparing [the protester's] proposal")

Dell Services Federal Government, Inc., B-414461, .2 (June 21, 2017) (agency's Procurement Integrity Act determination that disclosure of protester's proposals had not adversely competition was not reasonable; agency did not adequately investigate or address possible OCIs of protester's competitor)

AT&T Government Solutions, Inc., B-413012, .2 (July 28, 2016) (record does not demonstrate that the agency reasonably evaluated a potential unequal access to information conflict arising from the relationship between the awardee and one of its proposed subcontractors; past performance evaluation contained errors in the assignment of adjectival ratings, which were subsequently relied upon by source selection authority in the award decision)

ASM Research, B-412187 (Jan. 7, 2016) (agency failed to reasonably consider a potential conflict of interest that would be created by the awardee evaluating under one task order the performance of items that would have been developed, implemented, and deployed by the awardee under another task order)

Satellite Tracking of People, LLC, B-411845, .2 (Nov. 6, 2015) (agency failed to investigate or mitigate OCI)

International Resources Group, B-409346.2, .6, .9 (Dec. 11, 2014) (agency failed to adequately investigate whether awardee's employment of high level agency official involved with procurement had given awardee access non-public, competitively useful information)

VSE Corp., B-404833.4 (Nov. 21, 2011) (Contracting Officer's termination of awarded contract based on appearance of impropriety due to contractor's employment of former federal employee as consultant lacks rational basis, being largely based misunderstandings and unfounded assumptions as to facts and applicable law)

PCCP Constructors, JV; Bechtel Infrastructure Corp., B-405036, et al. (Aug. 4, 2011) (agency's investigation of OCI was inadequate because it did not consider former official's access to source selection information about procurement through prior access to documents and continuing contacts with source selection officials) 

B. L. Harbert Brasfield & Gorrie, JV, B-402229 (Feb. 16, 2010) (two types of organizational conflicts of interest: unequal access to information and biased ground rules)

McCarthy/Hunt, JV, B-402229.2 (Feb. 16, 2010) (two types of organizational conflicts of interest: unequal access to information and biased ground rules)

C2C Solutions, Inc., B-401106.5 (Jan. 25, 2010) (inadequate evaluation of mitigation plan for organizational conflict of interest)

Cahaba Safeguards Administrators, LLC, B-401842.2 (Jan. 25, 2010) (inadequate evaluation of mitigation plan for organizational conflict of interest)

Health Net Federal Services, LLC, B-401652.3, -.5 (Nov. 4, 2009) (flawed past performance, price realism, and proposal risk evaluations, as well as appearance of conflict of interest)

L-3 Services, Inc., B-400134.11, -.12 (Sep. 3, 2009) (organizational conflicts of interest)

The Analysis Group, LLC, B-401726 (Nov. 13, 2009) (agency improperly conducted discussions only with successful offeror and did not properly evaluate successful offeror's "impaired objectivity" OCI)

Nortel Government Solutions, Inc., B-299522.5, -.6 (Dec. 30, 2008) (organizational conflicts of interest)

AT&T Government Solutions, Inc., B-400216 (Aug. 28, 2008) (organizational conflicts of interest; agency's failure to evaluate offeror's mitigation plan; agency's failure to give offeror opportunity to respond to perceived weaknesses in its proposal)

Corrective Action

Pernix Federal, LLC, B-422122.2 (Mar. 22, 2024) (State Dept.'s determination upon voluntary corrective action that original awardee was not properly qualified under The Omnibus Diplomatic Security and Antiterrorism Act of 1986 and SAM registration requirements to submit a proposal in a multi=phase solicitation for an overseas construction project lacked rational basis because it was based on an impossible requirement for a de facto joint venture to register in SAM., which could not be harmonized with the phase 1 and 2 prequalification notices and the Department of State’s current regulations that permit a de facto joint venture to qualify under the Security Act, and specifically, for the offeror to be awarded a contract and provide performance guarantees from its affiliates)

Kupono Government Services, LLC; Akima Systems Engineering, LLC, B-421392.9, .10, .11, .12 (June 5, 2023)  (agency failed to justify limiting corrective action only to revisions of cost proposals where (a) agency did not identify what errors led to corrective action and (b) cost and technical proposals were closely linked so that changes to one likely would necessitate changes to the other)

Life Science Logistics, LLC, B-421018.2, .3 (Apr. 19, 2023) (agency failed to conduct meaningful discussions as part of its corrective action taken in response to a prior protest because the agency did not disclose evaluated flaws the agency first identified in its reevaluation of protester’s materially unchanged proposal)

Softrams, LLC; Chags Health Information Technology, LLC, B-419927.4-.8 (2022) (agency's corrective action failed to address fully the original error it was trying to correct)

Africa Automotive Distribution Services, Ltd., B-418246.6 (Aug. 24, 2021) (agency's evaluation of transportation costs during corrective action did not comply with the requirements of the solicitation and failed to meaningfully assess the cost of performance between the competing proposals, as required by the RFP)

Peraton, Inc., B-416916.8, .9, .10 (Aug. 3, 2020) (agency's proposed corrective action is unreasonably narrow because it would not permit protester to revise sections of its proposal that are required by solicitation to align with other sections that would be changing as a result of corrective action, i.e., corrective action would require protester to submit flawed proposal that was internally inconsistent)

Computer World Services Corp., B-418217.3 (June 29, 2020) (agency's proposed corrective action would have materially changed the evaluation methodology without amending the solicitation and permitting offerors to submit revised proposals)

NavQSys, LLC, B-417028.3 (Mar. 27, 2019) (agency provided no documentation to support its rejection of former awardee's proposal for failure to have facility security clearance)

Castro & Co., LLC., B-415508.4 (Feb. 13, 2018) (agency's limitations on scope of proposal revisions following corrective action unreasonably prohibited protester from revising all aspects of proposal materially impacted by corrective action)

Deloitte Consulting, LLP, B-412125.6 (Nov. 28, 2016) (agency unreasonably restricted revisions in areas of proposals impacted by changes made as a result of corrective action in response to prior successful protest)

Power Connector, Inc., B-404916.2 (Aug. 15, 2011) (after agency amended solicitation as corrective action, it should have permitted offerors to revise all aspects of their proposals, including price)

JER 370 Third Street, LLC, B-402025.2, -402541 (June 1, 2010) (agency lacked rational basis for canceling solicitation)

Ewing Construction Co., B-401887.3, .4 (Apr. 26, 2010) (in taking corrective action in response to prior protest, agency improperly evaluated part of proposal as rendering firm ineligible for award)

Bid & Proposal and/or Protest Costs 

Barbaricum, LLC--Costs, B-416728.4 (Jan. 29, 2020) (recommends award of protester's costs incurred in responding to agency's meritless request for reconsideration of prior GAO decision sustaining protest) 

CloudFirstJV, LLC--Costs, B-415872.4  (May 10, 2019) (recommends reimbursement of protester's costs because the agency waited to take corrective action until after protester filed comments on agency report even though the merits of the protest should have been clear to the agency prior to filing the agency report)

Harley Marine Services, Inc.--Costs, B-416033.4 (Mar. 15, 2019) (recommends reimbursement of costs except for allegation that was not clearly meritorious and not intertwined with clearly meritorious protest ground)

ActioNet, Inc.-Costs, B-416557.3 (Feb. 4, 2019) (recommends reimbursement of costs of filing and pursuing protest of agency’s OCI evaluation where  agency unduly delayed taking corrective action when a reasonable agency inquiry into protest allegations would have shown that the agency failed to meaningfully evaluate OCI)

Valkyrie  Enterprises, LLC--Costs, B-415633 (Oct. 29, 2018) (agency unduly delayed taking corrective action on clearly meritorious protest grounds because reasonable agency inquiry into initial protest allegations would have revealed prejudicial errors in the agency’s best-value tradeoff decision)

EG Management Services Incorporated, Desbuild Incorporated--Costs, B-415797.3, .4 (Oct. 25, 2018) (agency delayed taking corrective action on clearly meritorious grounds or grounds closely intertwined with those grounds until late in the protest process, after the protesters had filed comments, supplemental protests, and comments on the agency responses prepared in answer to the supplemental protest issues.

CSRA, LLC-Costs, B-415171.3 (Aug. 27, 2018) (recommends reimbursement of portion of protest costs related to contention that agency unduly delayed taking corrective action in response to a clearly meritorious challenge to the agency’s earlier corrective action, bit denies costs associated with contention that earlier corrective action was a pretext to avoid decision by GAO)

Deque Sysems, Inc.--Costs, B-415965.5 (Aug, 23, 2018) (recommends reimbursement of costs associated with clearly meritorious protest of undue delay ine taking corrective actin with regard clearly meritorious challenge to evaluation of awardee's Past Performance but denies request for reimbursement of costs associated with protests of agency's evaluation of awardee's and protester's technical approaches, which were not clearly meritorious and were severable for meritorious grounds)

Veterans Electric, LLC, B-415064.3 (July 21, 2018) (recommends reimbursement of protest costs where agency unduly delayed taking corrective action on clearly meritorious protest, but denies claim for bid costs because agency had rational basis for cancelling IFB)

Vane Line Bunkering, Inc.--Costs (recommends reimbursement of costs only for severable protest grounds that were clearly meritorious)

PricewaterhouseCoopers Public Sector, LLP--Costs, B- (May 9, 2018) (recommends reimbursement of costs of filing original and supplemental protest where agency unduly delayed in taking corrective action with respective to clearly meritorious protest allegation that agency did not reasonably assess whether awardee had impaired objectivity OCI)

Booz Allen Hamilton, Inc.--Costs, B-414822.4 (May 7, 2018) (recommends reimbursement of costs where agency unduly delayed in taking corrective action in response to clearly meritorious allegations regarding agency's failure to properly analyze OCIs, except for costs related to protest grounds that were not clearly meritorious and relied on distinct and unrelated factual and legal grounds)

Auxilio FPM JC, LLC--Costs, B-415215.4 (Apr. 27, 2018) (recommends reimbursement of costs of protest of agency's technical evaluation where agency delayed taking corrective action until after outcome prediction conference because challenges to technical evaluation shared common factual and legal bases with the clearly meritorious protest grounds identified by the GAO in the conference)

HESCO Bastion, Ltd--Costs, B-415526.3 (Apr. 3, 2018) (agency unduly delayed taking corrective action in response to clearly meritorious protest)

KWR Construction, Inc.--Costs, B-412914.2 (Feb. 3, 2017) (protester's protest based on agency report was clearly meritorious even though GAO required further development of the record because that development just showed the agency's response to the protest was not meritorious; agency unduly delayed taking corrective action when it put protester to further expense by responding to protester's meritorious protest grounds raised following receipt of agency report and requiring protester to reply)

22nd Century Team, LLC--Costs, B-412742.4 (Dec. 15, 2016) (recommends award of costs except for supplemental protest issue in response to which agency did not delay corrective action)

Technatomy Corp., Octo Consulting Group, Inc.--Costs, B-413116.49, .50 (Dec. 14, 2016) (recommends award of costs because agency undertook corrective action only after outcome prediction conference)

Vencore Services and Solutions, Inc.--Costs, B-412949.3 (Dec. 12, 2016) (grants request for higher than statutory $150/hour attorneys fees based on  increase in cost of living using DOL's CPI)

ANAMAR Environmental Consulting, Inc.--Costs, B-411854.4, .7 (Nov. 9, 2016) (recommends award of protest costs where contractor was required to file multiple protests after agency failed to fulfill commitment to corrective action following first protest)

Shertech Pharmacy Piedmont, LLC--Costs, B-412297.3 (Oct. 28, 2016) (recommends award of costs only for clearly meritorious protest grounds)

East Coast Nuclear Pharmacy--Costs, B-412053.5 (Aug. 31, 2016) (after agency unduly delayed taking corrective actions, GAO recommends reimbursement of costs for all protest actions related to the one meritorious, severable protest ground)

TRAX International Corp.--Costs, B-410441.8 (Aug. 17, 2016) (reimburses costs of challenging agency's undue delay in undertaking corrective action in response to clearly meritorious challenging its implementation of corrective action following a prior protest)

Fluor Energy Technology Services, LLC--Costs, B-411466.3 (June 6, 2016) (recommends reimbursement of protest costs because agency waited until after ADR outcome prediction conference to undertake corrective action)

Chase Supply, Inc.--Costs, B-411059.3, et al. (May 17, 2016) (recommends reimbursement of protest costs because agency waited until well after agency report was filed and almost to end of 100-day statutory period before undertaking corrective action)

Chase Supply, Inc.--Costs, B-411849.3 (May 17, 2016) (recommends reimbursement of costs because, even though agency undertook corrective action before filing agency report, it was tardy considering agency already knew of defective solicitation prior to protest filing and prior protests were further evidence of agency delays in responding to current protest)

Debcon, Inc.--Costs, B-412298.3 (Apr. 26, 2016) (protester entitled to costs only for severable protest ground that was clearly meritorious)

Genesis Business Systems--Costs, B-411264.11 (Dec. 10, 2015) (recommends reimbursement of protest costs only for severable portion of protest that was clearly meritorious  (and protest grounds that were intertwined with it))

PB&A, Inc.;  Environmental Synectics, Inc.--Costs, B-410074.3, .4  (Sep. 15, 2015) (recommends reimbursement of protest costs only for primary protest ground which was clearly meritorious)

Sabel Systems Technology Solutions, LLC--Costs, B-410537.3 (Aug. 12, 2015) (recommends reimbursement of protest costs only for severable portion of protest that was clearly meritorious)

Sabel Systems Technology Solutions, LLC--Costs, B-410537.3 (Aug. 2015) (recommends reimbursement of protest costs only for severable portion of protest that was clearly meritorious)

JRS Staffing Services--Costs, B-410098.6, et al. (Aug. 21, 2015) (recommends reimbursement of protest costs only for severable portion of protest that was noted by GAO to be clearly meritorious during outcome prediction ADR)

K Systems, Inc--Costs, B- 408124.6 (Dec. 16, 2014) (recommends reimbursement of legal fees except for pre-protest costs related to attending debriefing and post-protest costs related to considering possible next steps; recommends reimbursement at requested rate of $225 per hour because FASA does not impose $150 per hour cap on small businesses)

CACI Technologies, Inc.--Costs, B-407923.3 (Aug. 13, 2014) (recommends reimbursement of costs because agency waited until three days after outcome prediction conference to undertake corrective action)

VSE Corp.; The Univ. of Hawaii--Costs, B-407164.11, .12 (June 23, 2014) (recommends reimbursement of costs only for segregable protest grounds where agency took corrective action after protesters filed comments on agency report)

Intermarkets Global--Costs, B-400660.14 (July 2, 2014) (absent more reliable documentation from contractor, agency reasonably calculated  claimed costs attributable to successful protest issue based on percentage of protest pages devoted to that issue)

Loyal Source Government Services, LLC--Costs, B-407791.4 (Feb. 14, 2014) (limits award of costs to segregable protest ground that was clear meritorious)

Carney, Inc.--Costs, B-408176.13 (Feb. 14, 2014) (limits recovery of costs to segregable protest ground that was clearly meritorious)

Coulson Aviation (USA) Inc.; 10 Tanker Carrier, LLC--Costs, B-406920.6, .7 (Aug. 22, 2013) (recommends award of costs except for portion of protest that was withdrawn and with regard to CLINs for which protester did not compete)

Sizewise Rentals, LLC--Costs, B-407566.2 (July 3, 2013) (recommends award of costs only on clearly meritorious portion of protest)

Marine Design Dynamics, Inc.--Costs, B-407816.2 (July 3, 2013) (recommends award of costs only on clearly meritorious, segregable portion of protest)

JV Derichebourg-BMAR & Associates, LLC--Costs, B-407562.3 (May 3, 2013) (recommends award of costs only on meritorious portion of protest regarding evaluation of proposals, not on segregable procurement integrity allegations)

Wisconsin Physicians Service Insurance Corp.--Costs, B-401068.12 (Mar. 22, 2013) (recommends reimbursement of costs related only to segregable portion of protest that was clearly meritorious)

URS Federal Services, Inc.--Costs, B-406140.4 (July 17, 2012) (recommends reimbursement of costs related only to portion of protest that was meritorious)

Shaka, Inc. -- Request for Costs, B-405552.2 (May 18, 2012) (protester entitled to costs, including attorneys' fees billed to subcontractor, as well as costs associated with pursuing claim for costs at GAO because agency unreasonably failed to pay original claim for costs)

Glevum Associates, LLC--Costs, B-405860.3 (Apr. 23, 2012) (agency unduly delayed corrective on clearly meritorious protest beyond original agency report date)


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