News & Analysis as of

Bid Protests Department of Defense (DOD)

Prime contractor found nonresponsible based on undisclosed vendor-vetting process - contingency contractors beware

by DLA Piper on

Contingency contractors should take note of a recent bid protest decision from the Government Accountability Office, which approved the Department of Defense's use of a special, non-transparent database to determine the...more

2018 NDAA Could Raise the Stakes for Companies Filing Bid Protests on DoD Contracts

by PilieroMazza PLLC on

The U.S. Senate has proposed a provision in the 2018 National Defense Authorization Act that, if adopted, would raise the stakes for larger firms in filing bid protests. The provision would apply to protests against DoD...more

Senate’s Bid Protest Reforms a Step Backwards for Transparency

by Reed Smith on

On July 10, 2017, the U.S. Senate placed the FY 2018 National Defense Authorization Act on its Legislative Calendar. This action means the historically must-pass legislation is now ready for amendment and debate. Just as it...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

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

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

Task and Delivery Order Bid Protests Are Back in Business at the GAO

by McCarter & English, LLP on

New Legislation Reinstates GAO’s Civilian Task Order Protest Jurisdiction, but the 2017 NDAA Will Up the Threshold for Non-Civilian Agency Task Order Procurements...more

Jurisdictional Changes for Bid Protests

Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to...more

UPDATE: Civilian Task Order Protest Jurisdiction Already Restored, DoD Task Order Threshold Likely to Increase Soon

by Bass, Berry & Sims PLC on

As we reported on December 14, 2016, on December 8, the Senate passed the National Defense Authorization Act (NDAA) of 2017, which calls for changes to the Government Accountability Office’s (GAO) jurisdiction over civilian...more

New Statutes Impact Bid Protests of Task Order Awards

Two new statutes—the 2017 National Defense Authorization Act (NDAA) and the GAO Civilian Task and Delivery Order Protest Authority Act of 2016 (Civilian Task Order Act)—greatly impact the ability of government contractors to...more

Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces New Differences Between...

by Bass, Berry & Sims PLC on

On December 8, 2016, the Senate passed the National Defense Authorization Act (NDAA) of 2017 previously passed by the House, and the legislation is pending President Obama’s signature. Once signed, Section 835 of the NDAA...more

Elevating Form Over Substance: OCI Waiver Challenges at GAO

by Morrison & Foerster LLP on

The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver...more

Reforma de las impugnaciones a licitaciones de la Oficina de Fiscalización del Gobierno (GAO) de EE. UU.

by Bilzin Sumberg on

Los debates en Washington D.C. sobre gastos asociados con las impugnaciones a licitaciones relacionadas con la defense estimulan nuevas leyes que podrían reducir los intentos de la protesta. La Oficina de Fiscalización del...more

GAO Bid Protest Reform

by Bilzin Sumberg on

Debates in Washington over expenditures associated with military-related bid protests are fueling new legislation that could curtail protest efforts. The Government Accountability Office (GAO) handles bid protests filed by...more

Senate Armed Services Committee Releases 2017 NDAA Bill with Big Changes for GAO Protest Costs

by PilieroMazza PLLC on

On May 12, 2016, the U.S. Senate Armed Services Committee (“SASC”) completed its markup of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2017. Several of the SASC’s changes to the NDAA address the costs of...more

Government Contracts Quarterly Update February 2016

by BakerHostetler on

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. In This Issue...more

GAO Protests Report Summary

by Davis Wright Tremaine LLP on

This update summarizes the Congressional Research Service’s report, “GAO Protests: Trends and Analysis,” published on or around July 21, 2015. Please recall that although the SBA has a protest system in place for certain...more

Top Three Trends From 2014 to Influence Government Contractors in 2015

by Foley & Lardner LLP on

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

Weekly Update Newsletter - November 2014 #2

by PilieroMazza PLLC on

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

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

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

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

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

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