Bid Protests

Agency Waives OCI on 97th Day of GAO Protest Calendar, Thwarts Protester Victory

by Kelly Krystyniak | Holland & Knight LLP on 2/27/2013

On January 30, 2013, the Government Accountability Office (“GAO”) published a bid protest decision which should serve to remind government contractors and enthusiasts of the sometimes surprising discretion left to agencies in...more

GAO Dismisses Protest Based on a Post-Hoc Waiver of OCIs

by K. Alyse Latour, Tina Reynolds, Bradley Wine | Morrison & Foerster LLP on 2/26/2013

The U.S. Government Accountability Office (GAO) recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation (FAR), Subpart 9.5, during a protest to render academic a...more

Design & Construction Practice: 2012 Year in Review

by Anatoly Darov, Timothy Famulare | Burns & Levinson LLP on 2/15/2013

It was another memorable year for the construction industry in Massachusetts. As the economic recovery continued to take hold, commercial construction market activity continued to stabilize and public projects remained a...more

National Defense Authorization Act for Fiscal Year 2013—New Procurement Rules Coming

by Daniel S. Herzfeld | Pillsbury Winthrop Shaw Pittman LLP on 2/13/2013

In January, President Obama signed the National Defense Authorization Act for Fiscal Year 2013 (“NDAA”), which includes numerous new procurement policies directed at contractors and how they bid on and perform government...more

What Does 2013 Have In Store for Government Contractors and Their Lawyers?

by Jonathan Aronie, Louis Victorino | Sheppard Mullin Richter & Hampton LLP on 2/12/2013

Originally published in the San Diego Business Journal on January 21-27. It has been noted, the more things change, the more they stay the same. In the world of Government Contracts Law, however, the more things change,...more

Construction And Procurement Law News- 2012 Fourth Quarter

by Bradley Arant Boult Cummings LLP on 2/7/2013

In this issue: - Ninth Circuit: Underbids Can Constitute False Claims - State Courts Limit CGL Coverage for Property Damage Arising From Defective Construction - Construction Contractor Prevails in...more

Even Offerors Eliminated Before the Competitive Range May Have Protest Standing

by Daniel S. Herzfeld, Evan Wesser | Pillsbury Winthrop Shaw Pittman LLP on 1/25/2013

On January 14, 2013, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held that an offeror had standing to challenge the exclusion of its proposal from a competition even prior to a competitive range,...more

Challenge Problems in Solicitation Amendments Before Award - A Friendly Reminder from the Federal Circuit

by Daniel S. Herzfeld | Pillsbury Winthrop Shaw Pittman LLP on 12/20/2012

On December 7, 2012, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its first decision determining that government contractors need to challenge any obvious errors, improprieties, or ambiguities...more

Federal Circuit Decision Makes it Easier for Contract Awardees to Protest Unwarranted Agency Corrective Action

by David S. Black | Holland & Knight LLP on 8/29/2012

Until recently, one of the "conventional wisdoms" about GAO bid protest practice was that agencies had almost unfettered (and unreviewable) discretion to take corrective action....more

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