Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success
5 W’s of Bid Protests: The Who, What, When, Where, and Why
Podcast Series: Commercial Businesses New to Government Contracting: Mitigating Protests and Disputes in Government Contracts
Thawing From the Freeze: Significant Developments in Government Contracts from 2021-2022
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Bid Protest: LPTAs - Are They Still Okay? - Webinar
Podcast: Discussing Government Procurement with Karen Walker and Tiffany Roddenberry
Preparing for Post-Award Debriefings
Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks
Missteps in the Bid Protest Process: War Stories from the Trenches
Government Contracting Phase One: Transitioning From Commercial to Government Work
Common Issues in Government Procurement and Contracting with John Edwards and William Stowe
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
CPARS From A to Z
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
7(a) Loan Approval for Borrowers with Unresolved COVID-19 Pandemic Loan Compliance Issues: On May 21, SBA’s OIG issued an inspection report assessing SBA’s 7(a) loan approval process for borrowers with unresolved pandemic...more
In a previous article, we analyzed what made protests successful at the Government Accountability Office (“GAO”) in Fiscal Year 2023 (“FY23”). Now, we want to share some insights we gained while conducting the same analysis...more
In Steiner Construction Co., Inc., the Government Accountability Office (GAO) upheld the U.S. Coast Guard’s (USCG) award of a $1.19 billion small business set-aside shipbuilding contract to a business concern that was later...more
Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the...more
This month’s Bid Protest Roundup focuses on a recent U.S. Court of Federal Claims decision involving the limitations of the government’s deference defense and a U.S. Government Accountability Office (GAO) that involved the...more
UpSlope Advisors, Inc. protested a decision by the United States Transportation Command (USTRANSCOM) of the award of a sole-source contract for enterprise information technology (IT) services to Eagle TG, LLC, a...more
As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...more
The 8(a) Program is in a state of uncertainty as the U.S. Small Business Administration (SBA) requires participants who relied on the presumption of social disadvantage to enter the program to obtain SBA approval of personal...more
When bidding on a government contract, the company and/or its employees may need a specific security clearance in order to work on a project. Security clearances are based on an individual’s position and their need to access...more
GOVERNMENT CONTRACTS - Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program - On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where...more
BID PROTESTS - GAO Sustains Protests of CIO-SP4 Procurement - On June 29, 2023, the Government Accountability Office (GAO) sustained protesters’ challenge of the Department of Health and Human Services (HHS), National...more
Notable Headlines - False Claims Act - It used to be rare for the Supreme Court to hear False Claims Act cases. It’s a lot less rare now. On April 18, the Supreme Court heard argument concerning two Seventh Circuit...more
This month's bid protest spotlight considers two recent protests. J.E. McAmis Inc. v. U.S. is an important decision by the U.S. Court of Federal Claims concerning the court's lack of authority to review the U.S. Small...more
The Government Accountability Office (GAO), in AttainX, recently sustained a bid protest where the protester argued that the agency’s evaluation was inconsistent with the Small Business Administration’s (SBA) regulations...more
In a recent bid protest decision from the U.S. Government Accountability Office (“GAO”), the GAO clarified that, in evaluating the experience of a mentor-protégé joint venture for a small business set-aside procurement, when...more
The common theme of this month’s Law360 Bid Protest Roundup is a seemingly hot topic these days: joint ventures. One recent Government Accountability Office (“GAO”) decision and one recent U.S. Court of Federal Claims...more
Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more
GOVERNMENT CONTRACTS - 2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors - The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...more
On September 9, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule (the Rule) making substantial changes to the 8(a) Business Development program. Scattered throughout the Rule are various...more
As a general matter, an agency should reject a bid out of hand if it is deemed defective due to problems with bidder responsiveness. However, flawed bids determined on account of issues with bidder responsibility can be...more
This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different...more
A Request for Proposal (RFP) is a document the government (and commercial companies) uses when soliciting responses from contractors on a particular government requirement. The document lists all the criteria and needs of a...more
Eminent IT, LLC, protested a contract award decision by the Department of State (DOS). The contract was for the maintenance, operation, and management of PeopleSoft in a production environment using Scaled Agile Framework...more
This month’s bid protest roundup begins with two decisions, one from the Small Business Administration’s Office of Hearings and Appeals (OHA) and another from the Government Accountability Office (GAO), highlighting potential...more
LABOR & EMPLOYMENT - Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022 - In December 2021, the Office of Federal Contract Compliance Programs (OFCCP)...more