News & Analysis as of

Bid Protests

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions. We address below decisions...more

On-Time Bid Proposals—Not a Second Too Late

by Reed Smith on

Submitting your company’s bid proposal close to the deadline can be risky and have grave consequences. The government has repeatedly rejected proposals submitted before, but received after, the deadline because of technical...more

GAO Offers Insight Into Winning (And Losing) Bid Protest Arguments

by Fox Rothschild LLP on

Government contractors know the odds on GAO bid protests – are they are not all that good. Even with a noticeable uptick, the statistics reveal that less than 1/4 (about 23%) of all bid protests were sustained in FY 16. ...more

Intervening in a Bid Protest: A Must in the Current Procurement Atmosphere

by Pepper Hamilton LLP on

Your company has been awarded a contract based on the work of your team to identify a federal business opportunity and create a winning proposal. But before you can start performing your contract, a protest is filed. What are...more

Late is Late: A Guide To Delivering Electronic Proposals On Time

by Fox Rothschild LLP on

This is not a unique story – but there is still a lesson for Federal contractors to learn. A recent GAO decision considered an electronic proposal submitted by email just prior to the 4:00 p.m. deadline. Although the...more

Uncharted Territory: Protestor Files Suit Challenging GAO’s Redaction Policy

We’ll be watching with interest as Pond Constructors, Inc. v. Government Accountability Office, No. 1:17-cv-00881, makes its way through the U.S. District Court for the District of Columbia. Following an unsuccessful bid...more

Postal Service Contractor? Would-be Contractor? A Look inside the U.S. Postal Service Bid Protest Process

Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procurements by the U.S. Postal Service (USPS)....more

West Coast Real Estate Update - May 2017 - #2

by Holland & Knight LLP on

Federal Court Upholds Termination of Navy Lease Bid Due to Environmental Concerns - In Open Spirit, LLC v. United States, No. 15-370C (Fed. Cl. filed April 28, 2017), the U.S. Court of Federal Claims upheld the...more

Government “Misconduct” in Preparing the Administrative Record Warrants Sanctions

by Davis Wright Tremaine LLP on

Recent case law affirms an Agency’s duty to prepare a complete and accurate Administrative Record (“AR”) when responding to a bid protest. It also reinforces the value and importance of careful and detailed analysis of the...more

April Bid Protest Roundup

Our monthly bid protest roundup for April identifies decisions by the Government Accountability Office (GAO) and the Court of Federal Claims on issues concerning: small businesses’ right to a certificate of competency review...more

When Is a Successful Protester Not a “Prevailing Party”? - Agency’s decision to take corrective action in a bid protest at the...

In a unanimous decision issued by the U.S. Court of Appeals for the Federal Circuit on May 1, 2017, the Court held that an otherwise successful protester could not recover its attorney’s fees under the Equal Access to Justice...more

Preparation Is Key to Post-Award Debriefing for Government Contracts

by Pepper Hamilton LLP on

The primary goal of offerors’ requesting a debriefing after a government contract is awarded is to learn what they can do to make their proposals more attractive for future procurements. Even the winning proposal is likely...more

GAO Bid Protests - Impacts of a Government Shutdown

by Jones Day on

The Office of Management and Budget ("OMB") has begun the preparations for a potential government shutdown, ordering agencies to review and update their shutdown plans. Only a few days remain for Congress to pass (and the...more

NWPTA 'Bid Protest Mechanism': New 'teeth' for bidders in public procurements

by Dentons on

News flash: The provincial government has given new ‘teeth’ to bidders in public procurement that could change the public procurement landscape in BC....more

[Webinar] Government Contracts – Government Agency Corrective Actions and How to Deal With Them – April 26th, 12:00pm CST

by Thompson Coburn LLP on

Government agencies often take corrective action in response to bid protests rather than defend their contract award decision. This webinar will examine why agencies make corrective action decisions, what corrective actions...more

GAO Declines to Apply GAO Civilian Task and Delivery Order Protest Authority Act Retroactively to Lapse in Jurisdiction

In two recent opinions, the Government Accountability Office (“GAO”) has declined to reconsider protests it dismissed during the recent lapse in its jurisdiction over protests of civilian agency task and delivery orders...more

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more

Proposal Prep Tips: Real vs. Imagined Past Performance Experience

by Fox Rothschild LLP on

A response to an RFP is the government contractor’s chance to put its best foot forward and stand out from the crowd. Particularly when it comes to best value procurements, this is your chance to tell the contracting officer...more

The Top 10 Government Contracting Compliance Headaches in 2017

by Holland & Knight LLP on

In the government contracting industry, compliance related issues tend to take place. With administration and party changes, 2017 promises to offer additional complexities. Confusion amongst government contracting...more

2016 GAO Bid Protest Annual Report

by PilieroMazza PLLC on

GAO recently released its annual report to Congress, which included data concerning its protest ?lings for Fiscal Year 2016. Based on the data, 2016 was an historic year. GAO not only decided more cases on the merits in...more

Timing is Everything – GAO Refuses to Apply Jurisdiction Retroactively

by Bass, Berry & Sims PLC on

As we previously reported here and here, between October 1 and December 14, 2016, the Government Accountability Office (GAO) lacked jurisdiction to hear most civilian agency task order protests (its jurisdiction over protest...more

The Past is Prologue: Current Trends in Government Contract Spending Over the Past Five Years – GAO Issues Trend Analysis Report

In its March 9, 2017 report entitled, “Contracting Data Analysis – Assessment of Government-Wide Trends”, GAO No. GAO-17-244SP (the “Report”), GAO has found that defense obligations for products and services decreased by a...more

Recent GAO Decision Gives Ammunition To Protesters Challenging Technical Specifications

by McCarter & English, LLP on

In the course of responding to a Request for Proposals (“RFP”) or Request for Quotations (“RFQ”), have you ever encountered technical specifications that you regard as unreasonable?  Have you ever wondered why the Government...more

GAO Upholds Waiver(s) of OCI Allegations

by Bass, Berry & Sims PLC on

On January 30, the U.S. Government Accountability Office (GAO) issued its decision denying Concurrent Technologies Corp.’s (CTC) protest of the U.S. Navy’s award of a support contract for the Navy Manufacturing Technology...more

Laws and Regulations Affecting Government Contractors

by Polsinelli on

Government contractors wondering whether and when they can protest military and civilian task and delivery orders should be aware of recent changes in the law affecting a party’s right to protest before the General...more

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