     EXCELLENT

Most Expensive Contractor Wins Bid Protest; Three Cheaper Competitors were Vague on Subcontractor Use.

Despite being the most expensive of four bidders, a contractor bidding to install fiber optic cable in Jordan wins its bid protest. This case is a lesson on the use of subcontractors in a small business set-aside contract. A company must be specific, on the fact of its proposal, as to who in the company is going to really be doing the work. This is not a time to be vague.

In this case, Technical Communications Solutions Corporation (“TCSC”) initially won the contract, besting three other higher priced competitors for a small-business set aside on a “low price technically acceptable” basis. It was the cheapest. The most expensive bid was by Hyperion, Inc.

Hyperion protested the award, complaining that the other three, cheaper competitors intended to have subcontractors perform most of the work. Thus, they weren’t “technically acceptable.” The government responded that, on the face of the proposals, each cheaper company “could” have performed most of the work. The issue for the court was “would” the cheaper companies do most of the work.

The Court of Federal Claims examined each proposal and concluded that, at best, each cheaper company was vague as to the extent of its intended subcontractor use. As to TCSC, it appeared that the company mingled categories of “labor” with “materials.” To the Court, it just didn’t seem credible that any of them really would use supply more than 50% of the labor. The fact that the proposals of the cheaper companies didn’t specifically list the employees who would be doing the work really stood out to the Court.

Hyperion won the bid protest and was awarded its costs. The case is Hyperion, Inc. v. United States, 13-1012C (April 17, 2014). Cy Phillips of Dave Albo – Attorney was the trial lawyer for Hyperion.

Client Reviews

    
 
 
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   Anonymous 
 
 
 
 Trustindex verifies that the original source of the review is Google. I was facing a charge of Reckless Driving for speeding on I66 at midnight. This is considered a Class 1 Misdemeanor in the state of Virginia. Having something like Reckless Driving on your record is on par with having a DUI. This charge also carries a chance for jail time (up to a year). I was incredibly scared because I had never faced such a charge. And looking into Virginia Law, my speed exceeded 90mph, which is quite serious. I retained Dave Albo to help me with this case. Since my record was clean, Dave had advised I do the following before my trial. * Take a DMV Driver's Improvement Course * Take a Behavior Modification Course * Do 100 hours of community service * Print my DMV Record one week before the trial On the day of my trial, Dave got my Reckless Driving charge REDUCED to a regular Speeding charge. This was the absolute best case scenario for me. No criminal record. No jail time. No suspension of license. I did receive 6 demerit points and had to pay a fine of $250 (plus court fees). But that's a slap on the wrist, compared to what I could have been facing. Thank you Dave Albo for helping me through this ordeal!
  
 
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   Tom 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave albo it's a fantastic lawyer. He has helped me twice now with great results both times with minor traffic tickets. I would recommend him to anybody including my family. He has great ethics and honesty which is what I look for in a lawyer .
  
 
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   kendall carpenter 
 
 
 
 Trustindex verifies that the original source of the review is Google. Dave was my attorney recently for a car accident where I needed someone to represent me in court. After exchanging all necessary information he reassured me when the court date came that there wouldn’t be anything to worry about. On the day of court a couple problems arose and Dave was able to rectify them quickly, told me everything I need to say if needed and when it was all over he got my violation reduced significantly. I hope to never go to court again but if I do I will being calling Dave again.
  
 
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 Trustindex verifies that the original source of the review is Google. Thanks to Dave Albo for a fantastic job representing me and ensuring the best possible outcome for my case.  I highly recommend him - you will be in good hands for sure.  From start to finish he provided expert counsel and kept me well informed.  He  simply could not have done a better job.
  
 
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   Hope Carrigan 
 
 
 
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