Bid Protests

News & Analysis as of

Weekly Update Newsletter - April 2016 #2

DEPARTMENT OF LABOR - Procedures for Handling Retaliation Complaints - This rule establishes the final procedures and time frames for the handling of retaliation or whistleblower complaints under FDA Food Safety...more

GAO Proposes Rule to Create New Electronic Filing System and Fee

On April 15, 2016, GAO released a proposed rule announcing its intent to create an electronic bid protest filing and document dissemination system. The proposed system will implement requirements of Section 1501 of the...more

Top 4 Changes Proposed by the GAO to its Government Contracts Bid Protest Regulations (includes a new filing fee)

The Government Accountability Office (GAO) has concurrent jurisdiction with the Court of Federal Claims to hear bid protests from government contractors seeking review of a federal agency’s procurement solicitations and...more

Potential Changes at GAO in 2016

There are some big potential changes coming to the bid protest process at the Government Accountability Office (“GAO”) in 2016. It is possible that this year will bring a formalized electronic docketing system, a fee for...more

Construction Corner: Procurement of General Contractor

In a previous Construction Corner post we discussed the procurement of an Architect for a school project. In this post, we will discuss the procurement of a General Contractor. ...more

Government Contracts Quarterly Update February 2016

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

Five Reasons to File a Size Protest

Small business government contractors are sometimes resistant to the idea of filing size protests against their competitors. How much time and effort will it take? Is there enough evidence? Will the agency be offended? These...more

Understanding the Scope of Federal Supply Schedule Labor Category Descriptions: Risks and Opportunities Presented by the GAO’s...

In a Federal Supply Schedule (“FSS”) procurement conducted under FAR Subpart 8.4, all items quoted and ordered by the agency are required to be available on the vendor’s schedule contract as a precondition to its receiving...more

Deciding Whether to File a GAO Bid Protest

The Government Accountability Office (“GAO”) issues statistics each year regarding the outcome of bid protests. In 2015, there were 2,639 cases filed and there we 587 decisions on the merits. Of those, only 68 protests were...more

Exercise Caution When Submitting Proposals Through FedConnect

Several government agencies, including the Department of Energy (“DOE”), utilize a web portal called FedConnect to receive bid proposals. While these agencies surely intended that using FedConnect would make the procurement...more

California Bid Protests: Responsiveness and Materiality

It can be a rough and tumble world out there. And in the case of public works construction in California, this includes bid disputes. California’s competitive bidding laws require that a public works contract be awarded...more

2015 GAO Bid Protest Annual Report: Sustain Rate at Five Year Low, But Effectiveness Rate Up

Last week, GAO released its annual report to Congress, which included data concerning its protest filings for Fiscal Year 2015. Based on the data, GAO sustained the fewest protests in 2015 than in any prior year going back to...more

How Can You Tell If a Protest Debriefing Is Required?

We are often contacted by a contractor soon after the company learns that its proposal was not selected for award, with the contractor is considering whether to file a bid protest. When a contractor is deciding whether or not...more

Government Contracts Quarterly Update November 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....more

No Good News for Small Businesses in Recent GAO Decision

The Government Accountability Office (GAO) recently released a decision in the matter of FedServ-RBS JV, LLC, B-411790, October 26, 2015, that offers little assurance for small companies seeking to form SBA-approved joint...more

“Open and Frank Discussions” or Agency-Level Protest

In Coulson Aviation (USA), Inc. (B-411525, B-411525.2, 2015 CPD ¶ 272), the Government Accountability Office (GAO) recently denied a contractor’s protest over the terms of a request for proposals (RFP) issued by the...more

Inside the Mind of a Size Protest Lawyer

It is the end of the federal government’s fiscal year and ‘tis the season for protests. Protest lawyers are sharpening their keyboards. And some unfortunate small businesses are about to lose a hard-won contract due to a...more

Minnesota Supreme Court Decides Best Value Bid Protest - Attorneys' Fees in AAA Arbitrations

In a recent decision from the Missouri Court of Appeals, City of Chesterfield v. Frederick Constr. Inc., 2015 Mo. App. LEXIS 439 (Mo. Ct. App. Apr. 21, 2015), the court found that in the arbitration of a contract dispute...more

While Government Spending is Down, Bid Protests are Up

In a recently released report, the U.S. Government Accountability Office (GAO) provided a revealing look at significant shifts in bid protest trends that have taken place over the last six years. These trends show that even...more

Organizational Conflicts of Interest

OVERVIEW - - Introduction to Organizational Conflicts of Interest (“OCI”) - Unequal Access to Information - Biased Ground Rules - Impaired Objectivity - Waiving an OCI - Strategic...more

FCA Cases and SBA Protests

False Claims Act - As you know, the False Claims Act suit is brought against a contractor (whether through a whistleblower/relator or by the government alone) and carries very heavy civil and potentially criminal...more

A Tale of Two Protests: Itemized SBA JV Agreements and Dependence on a Large Business Determination Not Upheld

Recently, two Small Business cases that came out that are notable. Both protests affect Small Business Administration interpretation and application of affiliation rules. The first protest defeated a joint venture agreement...more

Public Bid Rejected Based on Access to Inside Information

The Massachusetts Office of the Attorney General (“AGO”) this month denied a bid protest by a low bidder because it had access to “insider knowledge” about the University of Massachusetts building project through its...more

Supreme Court to Hear VA Procurement Controversy This Fall

In a matter of keen interest to the small business community, last month the Supreme Court, granted certiorari in Kingdomware Technologies, Inc. v. United States. The Court’s decision will hopefully bring some closure to the...more

GAO Protests Report Summary

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

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