Bid Protests

News & Analysis as of

Cancelled Solicitation: What Can A Government Contractor Do?

Proposal preparation can be a difficult and expensive process. On top of the normal challenges of spending thousands of dollars preparing what a contractor hopes is a successful proposal, they also face the risk of an agency...more

Second-Lowest Bidder for Public Contracts May Sue Lowest Bidder Who Paid Less Than Prevailing Wages

Public agencies have little, if any, discretion when awarding public contracts because they are required to award the contract to the lowest bidder, subject to certain minimum qualifications. These limitations are designed...more

Good News for Offerors who Provide Unique Low-cost Solutions to the Government

The author and playwright Clare Boothe Luce, known for her feline wit, is famously supposed to have said “No good deed goes unpunished.” While that remark may have had validity that in the 1930s New York café society, it...more

Ober|Kaler's Construction Group Helps Client Win Bid Protest in Connecticut and Secure $153,000,000 Public Works Contract

Joseph C. Kovars and Jackson B. Boyd of Ober|Kaler's Construction Group recently helped a client win a bid protest in Connecticut and secure a contract worth over $153,000,000 to improve and expand a water pollution control...more

SBA Protests: When Size or Status Comes Into Question

In this presentation: - Key aspects of SBA size and eligibility protests - Why to file - Who and when to file - What to file - How SBA processes protests - Tips for filing SBA...more

Difficulty in Obtaining the Approval of an Individual Surety

In a recent decision issued by the United States Court of Federal Claims, Anthem Builders, Inc. v. United States, April 6, 2015, WL 1546437, the Court considered a protest involving the proposed use of an individual surety...more

When JV Partners Disagree About Whether To Protest

These days, government contractors are pursuing federal work through joint ventures with increasing frequency. Among the reasons for this are that joint ventures allow contractors to combine resources and share risk. Not...more

To File Or Not To File: Key Issues When Deciding To Protest

Deciding whether to file a bid protest can be difficult. Many companies are understandably reluctant to fight with a customer over a lost contract, and the payoff for a successful protest is not necessarily a contract award....more

When A Protest Isn't A Protest

In her familiar soliloquy in Shakespeare’s Romeo and Juliet, while longingly looking out of her window, Juliet said of her new-found love, Romeo: “What’s in a name? That which we call a rose/By any other name would smell as...more

Amicalola EMC Prevails in Dispute over Chattahoochee Technical College

After a decision in favor of Amicalola EMC under the large-load (900kW) exception of the Georgia Territorial Act, Georgia Power Company has agreed to relinquish the disputed building to Amicalola EMC to serve. ...more

Sawnee EMC Prevails in Bid Protest to Serve New Gwinnett Technical College Building

Sawnee EMC has prevailed in a bid protest to serve a new education building at Gwinnett Technical College. After Sawnee EMC protested Georgia Power’s offer of ½ cent per kWh—and the state’s acceptance of that offer—Georgia...more

Does the 72-Hour Rule Allow a Contractor in Maryland to Fix a Mistake in its MBE Participation Schedule After Bid Opening?

A recent Maryland Board of Public Works meeting addressed whether the state has flexibility in applying minority business enterprise (MBE) regulatory requirements in State contracts....more

Lining Up to Protest - Bid protest dismissed as company fails to allege it was “next in line” for award

The United States Court of Federal Claims, in a decision issued February 10, 2015, dismissed the bid protest complaint filed in Universal Marine Company, K.S.C. v. United States, No. 14-1115C because the protester was not...more

GAO Clarifies Task Order Protest Jurisdictional Issues

At first blush, the U.S. Government Accountability Office’s recent decision in Goldbelt Glacier Health Services LLC (Feb. 6. 2015) appears to be a run-of-the-mill denial of a protester’s request for reconsideration. But, a...more

Top Three Trends From 2014 to Influence Government Contractors in 2015

This post is co-authored by Tamara Jack of LMI Government Consulting. Federal government contractors, especially those in the manufacturing sector, continue to experience the economic impact of budget cuts, decreased federal...more

Court of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised...

Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned...more

Government Contracts Quarterly Update - January 2015

The Government Contracts Quarterly Update is published by BakerHostetler’s Government Contracts Practice team to inform our clients and friends of the latest developments in federal government contracting. Topics in...more

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

Déjà Vu All Over Again?

As a child growing up just outside of New York City, I was a big New York Yankees fan. My grandfather used to love telling me stories about how far Mickey Mantle could hit a ball and what a tremendous pitcher Whitey Ford was,...more

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