The Kace Company, LLC, v. U. S. and Cellebrite, Inc., No. 23-387C, August 23, 2023.

[bob7947]

See The Kace Company, LLC, v. U. S. and Cellebrite, Inc., No. 23-387C, August 23, 2023.

Quote

This case is governed by two maxims: “Late is Late” and “Rules are Rules.” The integrity and fundamental fairness of government contracting require a level playing field established through clearly stated and uniformly enforced rules of engagement. The facts presented in this pre-award bid protest, documented in the administrative record, do not justify overturning the agency’s decision disqualifying plaintiff from further award consideration; nor do they merit remanding this matter for further evaluation. Each avenue of relief advanced by plaintiff leads down the improper path of excusing plaintiff’s failure to timely submit the company’s revised proposal. Throughout this tortured procurement, the government has taken multiple corrective actions in an effort to salvage the competitive range. There is no basis in fact or in law for the Court to direct further corrective action.

 

[here_2_help]

I don't know but it very much seems to me as if Judge Bonilla completely misread eSimplicity, even though he actually cites to it on Page 7 of the opinion.

[Don Mansfield]

They should have argued that what they delivered late was not a proposal revision--following STG International.