PCI’s December 10 Case of the Month Club program will serve as a welcome respite from the hectic holiday season.  Join our experts as they discuss a recent GAO bid protest decision and a recent ASBCA decision that will be of interest to contractors and agency personnel alike.  In the bid protest, DecisionPoint Corporation—f/k/a Emesec Inc., B-422245.5, 2024 WL 4907924 (Nov. 13, 2024), the GAO grapples with yet another case involving corporate status and restructuring issues and their impact on an ongoing solicitation. Although many GAO decisions simply pave the way for the agency to correct its mistakes and award to the same company, this decision is one of those rare situations where it appears that the protester will actually get the contract—an $83 million Christmas present.

In the ASBCA case, BR Group, ASBCA Nos. 63507, 63744, 2024 WL 4898695 (Nov. 6, 2024), the board sustains a Government motion for summary judgment concerning a surplus sales contract—something we have not dealt with before in the Case of the Month Club.  Moreover, the dispute involves an attempt at proving a mistake in bid, always a tall order, and the board makes clear that the appellant has failed to prove any of the five elements of such a claim.  The board also rejected a number of other arguments lodged by the contractor, finding that the board lacked jurisdiction because the arguments were untimely, outside the board’s authority to grant the relief requested, and/or were never submitted to the contracting officer.

Join us on December 10 as our experts unwrap these interesting packages!

Case of the Month 2024
Second Tuesday of the Month, 12:00-1:00pm ET
Individual Sessions are $189.00 and can be purchased by clicking on the session date.

• January 9
• February 13
• March 12
• April 9
• May 14
• June 11
• September 10
• October 8
• November 12
• December 10