Bid Protests

News & Analysis as of

GAO and COFC Task Order Jurisdiction – To Count or Not To Count Option Periods

Jurisdiction of the GAO and the Court of Federal Claims to hear task order protests is limited to protest of awards over $10 million. How one defines whether a task order is over or under the $10 million threshold is subject...more

Construction Law Advisory - December 2014

In This Issue: - Retainage limited to 5 percent in Massachusetts: Outlier or coming to your state? - Pennsylvania overhauls mechanic’s lien law with creation of state construction notices directory -...more

Bid Protests - Seven Things Every Contractor Should Know

In this presentation: - Success of GAO bid protests - Things you didn’t know you can protest (but can) - The importance of intervention - What must be protested prior to award - The...more

Protests Up & Sustains Down – A Brief Review of GAO’s FY 2014 Bid Protest Stats

On November 18, 2014, the U.S. Government Accountability Office (“GAO”) published its Annual Report to Congress (B-158766, November 18, 2014), which contains the statistics for bid protests filed at GAO in FY 2014. Frankly,...more

Weekly Update Newsletter - November 2014 #2

GAO Bid Protest Annual Report to Congress for Fiscal Year 2014 - The Government Accountability Office (GAO) has issued its bid protest annual report to Congress for fiscal year 2014 reporting each instance in which a...more

“What are my chances of winning this protest at GAO?” Assessing Odds at the Government Accountability Office

Every week, clients call us with potential bid protests. Usually, they’ve received an unsuccessful offeror letter from the agency and they believe that the evaluation was flawed. After discussing the viable protest grounds,...more

Seventh Commandment of Government Contracting: Thou shalt avoid hostility

For someone coming into Government contracting for the first time, one of the most difficult things to understand is the role that protests and disputes play in the Government contracting world. In the commercial sector, the...more

Bid Protests: The Good, the Bad and the Ugly (Redeux)

This past week I gave a presentation on a panel entitled “Bid Protests: The Good, the Bad and the Ugly” before my local bar association. Thanks to those who attended, my co-presenters and the bar association for sponsoring....more

Corrective Action Catch 22: Court of Federal Claims Holds Agency Action Must Be Rational Even If GAO Protest Decision Was Not.

The United States Court of Federal Claims’ July 15, 2014 decision in RUSH Construction, Inc. v. United States, reflects the unusual circumstance in which the court effectively sat in appellate review of an earlier bid protest...more

Protests: Timing Is of The Essence

Another federal government fiscal year end is quickly approaching and with it comes the usual uptick in spending, awards...and inevitable protests. If you are considering a protest, it is critical to understand the deadlines...more

The Battle Continues in Bid Protest Against Bergen County

Echoing down Main Street in Hackensack is the incessant and repetitive booming of the driving of piles into the ground on what was once the visitor parking lot next to the Courthouse and former jail. The pile driving is part...more

Navigating Bid Protests

In this presentation: - Filing a Bid Protest: Who, Where, When, & What - Common Protest Grounds - Deciding Whether to Protest - Understanding the Bid Protest Process - Q&A -...more

Appellate Court Notes

AC35632- U.S. Bank, N.A. v. Foote - Second time is the charm. Defendant succeeded in getting plaintiff’s foreclosure action dismissed for lack of standing due to the inability of the witnesses to establish that the...more

Admission of Former Employees as Consultants under GAO Bid Protest Protective Orders

Tight deadlines apply to bid protests at GAO, including the admission of consultants under protective orders to provide technical, quantitative or other specialized knowledge useful to the litigation. GAO generally allows...more

Securing Corrective Action May Raise Further Challenges

According to the latest statistics available from the U.S. Government Accountability Office (GAO), roughly half of all bid protests filed at the GAO are dismissed within 30 days of filing. Of these, the majority of dismissals...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

Minnesota Court of Appeals Applies Common Law Procurement Principles to Best Value Contracting

In April 2014, the Minnesota Court of Appeals issued a published decision clarifying certain aspects of state procurement law. In Rochester City Lines, et al., v. City of Rochester, et al., No. A13-1477, the Court held that...more

Potential Bid Protest Dangers: When the Agency Produces Documents Early

To paraphrase Virgil, beware of agency counsel bearing gifts. Under the U.S. Government Accountability Office’s (GAO) bid protest rules, an agency is required to produce a report within 30 days of a protest that includes a...more

Service Contractor's Bid Protest Blocked by Lack of LEED Experience

The lack of LEED experience cost an incumbent service contractor the ability to protest the award of a federal contract to its rival, according to an opinion released on April 22, 2014 by the United States Court of Federal...more

Ten myths of government contracting: Myth No. 1 - We should never protest

Bid protests are an intimidating aspect of Government contracting, not only because they usually mean hiring a lawyer, but also because most people don’t even like the thought of suing their customer. Protests certainly are...more

The Benefits of Intervention

You’ve just secured a high dollar government contract award. After weeks of proposal preparation effort, thousands of dollars in costs, and months of waiting, your business stands to receive a major boon. Then comes the...more

Pending Legislation in Maryland Could Eliminate Bid Protest Appeals

On February 24, a bill was introduced in the Maryland House of Delegates which, if passed, will require a bid protester of a state contract to pay to the state up to 5% of the value of the contract on which it protested, if...more

Protesting IDIQ Orders Under $10 Million? Here Are Your Options

Imagine that your company is a contract holder under a U.S. Army multiple award, indefinite-delivery, indefinite-quantity (IDIQ) contract. The Army issues a request for proposal for a firm, fixed-priced task order, and your...more

Protest Procedures During the Government Shutdown

On October 1st, the Government Accountability Office (GAO) announced an extension of the deadline for bid protest filings in light of the shutdown of the federal government....more

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

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

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