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CICA Federal Contractors

Morrison & Foerster LLP - Government...

Court Of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

A recent decision, Independent Rough Terrain Center, LLC v. United States (“IRTC”),[1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of...more

Morrison & Foerster LLP - Government...

Has The GAO Opened The Door To Certain Other Transaction (OT) Bid Protests?

Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the...more

Sheppard Mullin Richter & Hampton LLP

Challenging Other Transaction Agreements – Navigating the Jurisdictional Highway

The origination of Other Transaction Agreements (OTAs) traces back to the October 1957 launch of Sputnik I by the Soviet Union and the subsequent Space Race. Congress created the National Aeronautics and Space Administration...more

Morrison & Foerster LLP - Government...

Another Piece To The Puzzle: Court Of Federal Claims Has Jurisdiction Over Bid Protest Where The Disputed Other Transaction Could...

There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported, cases such as SpaceX, MD Helicopter, and Kinemetrics have provided useful data points. The...more

Morrison & Foerster LLP - Government...

June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo

This month’s bid protest roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (“Court”). ...more

Holland & Knight LLP

DOD Finalizes Enhanced Post-Award Debriefings Rule

Holland & Knight LLP on

The Department of Defense (DOD) issued a final rule on March 18, 2022, that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to require "enhanced" post-award debriefings in certain DOD procurements....more

Pillsbury Winthrop Shaw Pittman LLP

DoD Enhanced Debriefing Final Rule Provides Greater Transparency

The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules. DoD debriefings now must include a redacted version of the source selection decision document for all awards...more

Fox Rothschild LLP

How To Use DOD’s New Enhanced Postaward Debriefing Rights for Stronger Bid Protests

Fox Rothschild LLP on

The U.S. Department of Defense (DOD) has just locked in its Enhanced Postaward Debriefing procedures, making it easier for contractors to understand the source selection and contract award process and make informed bid...more

Morrison & Foerster LLP - Government...

Five Peculiarities Of Protests Of Federal Supply Schedule Protests

The General Services Administration’s Federal Supply Schedule contracts are an efficient method for agencies across the Government to meet their needs for many commercially available supplies and services. For requirements...more

Husch Blackwell LLP

Kentucky Court Blocks Federal Contractor Vaccine Mandate

Husch Blackwell LLP on

On November 30, 2021, the United States District Court for the Eastern District of Kentucky, in Kentucky v. Biden, et al., No. 3:21-cv-00055, granted a preliminary injunction limiting the enforcement of the federal vaccine...more

Bradley Arant Boult Cummings LLP

CICA Violated Where Sole-Source Award Duration Was Too Long

The U.S. Court of Federal Claims (COFC), in Sierra Nevada Corporation v. United States, recently held that a contracting agency’s justification of a sole-source contract award ran afoul of the Competition in Contracting Act...more

Dunlap Bennett & Ludwig PLLC

Bid Protests – How Can I Get the Procuring Agency to Stay Award or Performance?

A stay of award or performance of a contract simply means the procuring agency cannot award the contract or must stop performance of an already awarded contract during the pendency of a protest. Obtaining a stay is different...more

Bradley Arant Boult Cummings LLP

GAO Clarifies Scope of its Jurisdiction Over OTA Protests

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority....more

Dunlap Bennett & Ludwig PLLC

Bid Protests – Filing a GAO Protest

As explained previously, various forums have jurisdiction or authority to hear bid protests: agencies, the U.S. Accountability (GAO), and the U.S. Court Federal Claims (COFC). Click here for further information on where to...more

Bradley Arant Boult Cummings LLP

GAO Clarifies the Scope of Its Jurisdiction over OTA Protests

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority....more

Wiley Rein LLP

Federal Circuit Clarifies Protest Timeliness Rules to Obtain Automatic Stay Following DOD Enhanced Debriefing Opportunity

Wiley Rein LLP on

A recent decision by the U.S. Court of Appeals for the Federal Circuit in Nika Technologies, Inc. v. United States provides an important clarification of the timeliness rules for filing a bid protest with the U.S. Government...more

McGuireWoods LLP

Ask Those Questions: Federal Circuit Highlights Required Step for GAO Protesters Seeking Relaxed Automatic Stay Deadline in DOD...

McGuireWoods LLP on

Disappointed government contractors and their legal counsel weigh the benefits of filing bid protests at the Government Accountability Office (GAO) versus the Court of Federal Claims (COFC). One of the key benefits to filing...more

Kelley Drye & Warren LLP

Federal Circuit’s NIKA Technologies Decision Reinforces Importance of Asking Questions in Debriefings for DoD Procurements

Pursuing a post-award bid protest at the Government Accountability Office (GAO) can provide protesters the benefit of the stay of performance under the Competition in Contracting Act (the CICA stay). To qualify, offerors must...more

Blank Rome LLP

Foul but No Harm? Strict FAR Compliance Can Be a One-Way Street

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Contractors and contractor teams competing for set-aside contracts should internalize the Federal Acquisition Regulation (“FAR”) compliance lesson imparted by a recent Government Accountability Office (“GAO”) protest decision...more

Wiley Rein LLP

Federal Circuit Nixes COFC Automatic Stay Decision

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WHAT: On February 4, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a Court of Federal Claims (COFC) judge’s ruling in a decision that clarifies what a contractor must do to preserve the right to stop...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Circuit Clarifies Bid Protest Stay Timeliness Rules

The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more

Bradley Arant Boult Cummings LLP

Key Takeaways from GAO’s Annual Bid Protest Report

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received...more

Wiley Rein LLP

Late is Late: Debriefing Best Practices for Bid Protest Timeliness

Wiley Rein LLP on

The statutory scheme and regulatory implementation of the rules governing the timeliness of bid protests in negotiated procurements at the U.S. Government Accountability Office (GAO) are neither unduly complex nor...more

Blank Rome LLP

Despite Court’s Ruling, Questions Remain Regarding the Automatic Stay Deadline for Bid Protests Following Enhanced Debriefings

Blank Rome LLP on

Enhanced Department of Defense (“DoD”) debriefings have been heavily utilized in recent years, but there remains uncertainty, and differing interpretations, regarding the point at which an offeror receiving an enhanced...more

Vinson & Elkins LLP

Public Procurement & Government Contracts 2020: USA

Vinson & Elkins LLP on

V&E’s Government Contracts practice authored the US procurement law section of Chambers’ 2020 Global Practice Guide on Public Procurement, which was released April 6, 2020. The Guide covers core legislation and regulations,...more

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