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The 5 Most Important Bid Protest Decisions Of 2023

In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more

Inside The GAO's Annual Bid Protest Report

The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1. This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more...more

Takeaways from GAO’s FY 2022 Bid Protest Report

The Government Accountability Office (GAO) recently issued its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form...more

Intervention in Bid Protests: A Refresher

The number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year — which is the 12-month period beginning on October 1 and ending on September 30...more

COFC Finds Jurisdiction Over OTA Protest

The U.S. Court of Federal Claims, in Hydraulics International, Inc. v. United States, recently held that the court had jurisdiction over a bid protest challenging an Other Transaction Authority (OTA) award made in connection...more

The 6 Most Important Bid Protest Decisions Of 2021

In 2021, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of note: • InfoPoint LLC • Medline...more

A Refresher For Gov't Contractors On Bid Protest Intervention

As a result of increased government spending at the end of the government's fiscal year — the 12-month period beginning on Oct. 1 and ending on Sept. 30 — the number of bid protest filings peaks in October. Accordingly,...more

10 Reasons to Intervene in Bid Protests

As we noted recently, the number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year, which ends September 30. Thus, our previous article provided a...more

Don’t Forget to Certify Within Six Years: Recent Opinion Addresses Timeliness of Government Contractor’s Appeal

On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat...more

COFC: Material Proposal Misrepresentations Need Not Be Intentional

The U.S. Court of Federal Claims (COFC), in Netcentrics Corp. v. United States, recently upheld an agency’s decision to disqualify an offeror from a procurement based on a perceived material misrepresentation in the offeror’s...more

GSA Rescinds All Alliant 2 Small Business Awards in Response to Protest

The General Services Administration (GSA) recently announced that, “[d]ue to corrective action being taken in response to a U.S. Court of Federal Claims protest, the government has rescinded all contract awards made in...more

Limited Remedies For Concession-Contract Protesters

In a pair of recent decisions, the U.S. Court of Federal Claims clarified the source of its jurisdiction over bid protest actions that involve pure concession contracts as well as the scope of potential relief available to...more

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