Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
Going to the Court of Federal Claims or the Boards of Contract Appeal
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
On July 16, 2024, the Court of Federal Claims (“COFC” or “Court”) published an opinion, Independent Rough Terrain Center, LLC v. United States, exercising jurisdiction to consider a bid protest involving Other Transaction...more
Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
Unlike other professions, lawyers can only practice law in the states and jurisdictions where they are admitted. While some areas of law, like patent prosecution or trademark, are purely Federal, other cases, like commercial...more
The U.S. Court of Federal Claims' willingness to accept jurisdiction over what are ostensibly Other Transaction Authorities, or OTAs, surfaced again this month in Hydraulics International Inc. v. U.S., where the court found...more
The U.S. Court of Federal Claims, in Hydraulics International, Inc. v. United States, recently held that the court had jurisdiction over a bid protest challenging an Other Transaction Authority (OTA) award made in connection...more
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
The Situation: The Federal District Court for the District of Arizona recently dismissed MD Helicopters' Other Transaction ("OT") protest for lack of jurisdiction. The court reasoned that, although the OT was not a...more
Selling drugs to the Government just got a lot simpler. In Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020), the Federal Circuit opened the Government door to all drugs “manufactured”—that is, measured,...more
On February 10, 2020, the U.S. Court of Appeals for the Federal Circuit issued its long-awaited decision in Acetris Health LLC v. United States, No. 2018-2399 (Feb. 10, 2020). In Acetris, the Federal Circuit was asked to...more
Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing...more
Have you ever received a negative CPARS that you felt was unjustified? Did that negative CPARS cause you to lose other contract awards? That is what happened to the contractor-protester in Colonna Shipyard, Inc. v. U.S., a...more
Court holds it lacks jurisdiction over protests of task order modifications within scope of underlying IDIQ contract. The COFC generally is barred by statute from hearing bid protests in connection with the issuance of...more
The United States Court of Appeals, Federal Circuit, (“Court”) addressed in a July 19th opinion whether the Court of Federal Claims (“Lower Court”) has subject matter jurisdiction to address a takings claim involving water...more
• A potential offeror may have jurisdiction to protest a government insourcing decision at the Court of Federal Claims. • This issue will likely need to be resolved by the Court of Appeals for the Federal Circuit. ...more
The next in our Infographics series shows the anatomy of a Protest at the U.S. Court of Federal Claims. Although protests at the Court are not subject to the same timeline as at the GAO, this infographic provides a...more
Government contractors hoping to challenge a civilian agency’s award of a task or delivery order may be out of luck, at least temporarily. Prior to September 30, 2016, the Government Accountability Office (“GAO”) had...more
A default termination can be a nightmare for a contractor that bids on federal projects, but a negative performance evaluation can prove just as troublesome for a contractor that finishes the job. The Federal Acquisition...more
On September 19, 2014, the U.S. Court of Federal Claims issued its opinion in Albemarle Corp. v. United States, No. 12-184T, holding that it lacked jurisdiction over the taxpayer’s claim for refunds based on foreign tax...more
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