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Department of Defense (DOD) CICA

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

Bradley Arant Boult Cummings LLP

Takeaways from GAO’s FY 2022 Bid Protest Report

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

Pillsbury Winthrop Shaw Pittman LLP

DoD Issues Proposed Rule on Enhanced Debriefing Procedures

The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA). The proposed...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

Wiley Rein LLP

Federal Circuit Nixes COFC Automatic Stay Decision

Wiley Rein LLP on

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

Husch Blackwell LLP

When Must You Protest To Get An Automatic Stay After An Enhanced Debriefing?

Husch Blackwell LLP on

The automatic stay of award is one of the key elements of a bid protest under the Competition in Contracting Act. The CICA stay is only available when a protest is filed no later than ten days after contract award or no later...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

Bradley Arant Boult Cummings LLP

When Does an Enhanced Debriefing Close? A Recent Court Decision Explains

One might forget these days that bid protests are still going on. But they are, and a recent Court of Federal Claims (COFC) case provides insight into the timeliness of protests for the purpose of obtaining a stay of contract...more

Pillsbury Winthrop Shaw Pittman LLP

COFC Provides Bid Protest Timeliness Guidance

In a recent decision, the U.S. Court of Federal Claims (COFC) addressed the timeliness rules for enhanced debriefing situations. The clock for purposes of obtaining an automatic stay and timeliness may start after the...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

PilieroMazza PLLC

5 Things Government Contractors Should Know About Enhanced Debriefings

PilieroMazza PLLC on

With the end of the fiscal year approaching and the frequency of contract awards increasing, many government contractors will be focusing on post-award debriefings. The Department of Defense (DOD) implemented enhanced...more

McCarter & English Blog: Government Contracts...

The DL on the USA’s OTAs: What Federal Contractors Should Understand When Approaching Other Transactional Agreements

As federal agencies have exponentially increased the use of “Other Transaction Agreements,” or OTAs, over the past few years, the question of the extent to which OTAs are subject to judicial review has arisen and,...more

Cohen Seglias Pallas Greenhall & Furman PC

GAO Interprets Protest Filing Deadlines in the Wake of Enhanced Debriefing Rules

The Department of Defense (DoD) enhanced post-award debriefing requirements, contained in Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (NDAA), have been a large topic of conversation this past...more

PilieroMazza PLLC

GAO Considers Impact of Department of Defense Enhanced Debriefing Rights on Protest Timeliness Requirements

PilieroMazza PLLC on

In a recent GAO decision, State Women Corporation, B-416510 (July 12, 2018), GAO denied a protest as untimely after considering the impact of the Department of Defense’s (“DoD”) new enhanced post-award debriefing procedures...more

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