News & Analysis as of

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

Why the 50 Percent Rule Deserves 100 Percent Attention

Small business prime contractors and their team members should pay careful attention to how the "50 Percent Rule" applies to their proposals and contracts. Some recent GAO bid protest decisions reveal that the 50 Percent Rule...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

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

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

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

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

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

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

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

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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