News & Analysis as of

General Solicitation › Government Accountability Office

General Solicitation typically refers to the soliciting of investors to purchase securities. Prior to the passage of the JOBS Act in 2012, general solicitation was banned in connection with privately offered... more +
General Solicitation typically refers to the soliciting of investors to purchase securities. Prior to the passage of the JOBS Act in 2012, general solicitation was banned in connection with privately offered unregistered securities. Issuers were only permitted to offer such securities to investors with whom they had a pre-existing substantive relationship. Section 201(a) of the JOBS Act lifted the ban on general solicitation, but only with respect to accredited investors.  less -
Jenner & Block

Client Alert: Government Contractors Obtain Relief in More than Half of GAO Bid Protests; Annual Statistics Skewed by CIO-SP4...

Jenner & Block on

Late last week, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2023. The statutorily mandated report contains an array of information about GAO’s bid protest...more

Holland & Knight LLP

Holland & Knight Defense Situation Report: October 2023

Holland & Knight LLP on

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. Please see full Report attached for more...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest High Season Is Coming – A Reminder About the Need for Fast Decisions

Sheppard Mullin Richter & Hampton LLP on

The end of the Fiscal Year is upon us, which typically coincides with a flurry of procurement activity and then a wave of bid protests. As most of you know, there are three primary fora for bid protests: procuring agencies,...more

Jenner & Block

Government Contracts Legal Round-Up - September 2023 Issue 17

Jenner & Block on

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

Holland & Knight LLP

Holland & Knight Defense Situation Report: July 2023

Holland & Knight LLP on

Welcome to Holland & Knight's monthly defense news update. We are excited to bring you the latest in defense policy, regulatory updates and other significant developments. ...more

Venable LLP

Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

Venable LLP on

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

Maynard Nexsen

Joint Venturers Beware – Underestimating the Importance SAM Registrations Can Sink Your Proposal

Maynard Nexsen on

Protests filed at the U.S. Court of Federal Claims (“COFC”) differ in many ways from protests before the U.S. Government Accountability Office (“GAO”). For example, protests before GAO are uniform given that they are...more

Obermayer Rebmann Maxwell & Hippel LLP

Federal Circuit Affirms Blue & Gold Alive and Well, but that Timely Agency-Level Protests Might Change the Score

Obermayer Rebmann Maxwell & Hippel LLP on

Welcome back, readers!  We hope that your 2022 is off to a great start. We’re starting this year off with some information about an important Federal Circuit case from late last year, which did not get the attention it should...more

Obermayer Rebmann Maxwell & Hippel LLP

What’s Price Realism Got to Do with It?

Obermayer Rebmann Maxwell & Hippel LLP on

Price realism. Price reasonableness. You have likely heard the terms. But do you know what price realism is, and how it differs from price reasonableness? And, perhaps most importantly, do you know when a price realism...more

Holland & Knight LLP

GAO Clarifies Stance on Joint Ventures and Facility Clearances

Holland & Knight LLP on

In a bid protest decision released on Aug. 27, 2021, the Government Accountability Office (GAO) has resolved a long-simmering question regarding joint ventures and facility clearances. Specifically, in InfoPoint, LLC,...more

Woods Rogers

In Split Decision, Federal Circuit Affirms Agency Exclusion of Proposals

Woods Rogers on

In U.S. Government procurements, most solicitations specify that noncompliance with its terms and conditions may cause a proposal to be determined unacceptable or be deemed non-responsive and excluded from consideration. ...more

Woods Rogers

Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive

Woods Rogers on

Procuring agencies have wide latitude in developing requirements for their solicitations.  When provisions are challenged, the U.S. Government Accountability Office (“GAO”) merely evaluates whether the agency’s justification...more

Woods Rogers

Bid Protests On The Basis Of Cardinal Change: The Fine Line Between Solicitations And Contract Administration

Woods Rogers on

The Government Accountability Office’s (“GAO”) Comptroller General and the U.S. Court of Federal Claims (“COFC”) regularly consider bid protests.  Bid protests are challenges to the terms of a solicitation or to the award of...more

Obermayer Rebmann Maxwell & Hippel LLP

GAO Holds that the Government Cannot Ignore the Effects of COVID-19 and the CARES Act in Soliciting Future Work

Obermayer Rebmann Maxwell & Hippel LLP on

On October 26, 2020, the Government Accountability Office (GAO) published its decision in the Matter of Chronos Solutions, LLC, in which the GAO sustained several pre-award protests of a Department of Housing and Urban...more

Bass, Berry & Sims PLC

The Importance of Being Timely: Protester Waives Protest Ground by Unduly Delaying Protest

Bass, Berry & Sims PLC on

By failing to object to solicitation terms before the close of bidding, a protester typically waives those objections in a post-award bid before the Court of Federal Claims (COFC). An exception exists, however, where a...more

Obermayer Rebmann Maxwell & Hippel LLP

Avoiding Common Bid Protest Mistakes, Part 1: Understanding the Differences Between Post-Award Protests and Pre-Award Protests...

Obermayer Rebmann Maxwell & Hippel LLP on

There is no denying that we are deep in the first protest season of the year. Every February/March, as federal government activity ramps up after the holidays, so do the bid protests....more

Obermayer Rebmann Maxwell & Hippel LLP

As Always, the Most Important Aspect of Your Proposal is Whether It Provides Everything that the Solicitation Required

Obermayer Rebmann Maxwell & Hippel LLP on

Our clients frequently ask us what the government is looking for when it assesses their proposals for new government contracts. While there are many aspects of your proposal that are important, the first question should...more

Pillsbury Winthrop Shaw Pittman LLP

Taking Credit for Subcontractor Past Performance

Pillsbury Winthrop Shaw Pittman LLP on

- Procurements under FAR Part 8 are subject to a different default rule than FAR Part 15 procurements, GAO rules. - Absent clear direction from the solicitation, an agency conducting a Part 15 procurement must consider...more

Morrison & Foerster LLP - Government...

January 2017 Protest Roundup

Morrison & Foerster LLP - Government... on

Two common themes run through the cases we have chosen for this month’s bid protest roundup. The first three decisions explore some pitfalls relating to the timeliness of proposals and protest grounds. The last two...more

PilieroMazza PLLC

Cancelled Solicitation: What Can A Government Contractor Do?

PilieroMazza PLLC on

Proposal preparation can be a difficult and expensive process. On top of the normal challenges of spending thousands of dollars preparing what a contractor hopes is a successful proposal, they also face the risk of an agency...more

PilieroMazza PLLC

When A Protest Isn't A Protest

PilieroMazza PLLC on

In her familiar soliloquy in Shakespeare’s Romeo and Juliet, while longingly looking out of her window, Juliet said of her new-found love, Romeo: “What’s in a name? That which we call a rose/By any other name would smell as...more

PilieroMazza PLLC

GAO and COFC Task Order Jurisdiction – To Count or Not To Count Option Periods

PilieroMazza PLLC on

Jurisdiction of the GAO and the Court of Federal Claims to hear task order protests is limited to protest of awards over $10 million. How one defines whether a task order is over or under the $10 million threshold is subject...more

Stoel Rives LLP

In Case You Missed It - Interesting Items for Corporate Counsel (Update) - September 11, 2013

Stoel Rives LLP on

As we run up the September 23 effective date of rules eliminating the prohibition on general solicitations under Regulation D and wait for final SEC "process" rules, a few additional resources are below(summary of comments on...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide