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Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,” “Bid Protests in New York,”...more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York” and our “Update on Bid Protests in Alabama”). For the next state in this...more
The U.S. Government Accountability Office (GAO) recently issued its annual report to Congress on bid protests for Fiscal Year 2023....more
Under the leadership of a new administration and a new generation of Board of County Commissioners (“Board”), for the past few years, Miami-Dade County (“County”) has been updating its procurement procedures to increase...more
Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more
The United States Government Accountability Office ("GAO") sets a high bar for those pursuing bid protests before it. The ratio of protests sustained to protests dismissed or denied is heavily tilted toward the latter....more
As experienced protest counsel, we know (i) that you can pick lint off of any procurement; and (ii) because of that fact, a protester alleging error in the procurement process needs to show that the error was “prejudicial.”...more
The end-of-fiscal-year spending spike has federal agencies issuing more notices of award, leaving many disappointed offerors keen to file protests. Post-award protests are subject to strict timelines, so you need a plan if...more
This will be the final installment of our series on the most common protest mistakes. So far, we have covered pre- vs. post-award protests, the impact of required debriefings on protest deadlines, competitive range protests,...more
Welcome back, loyal readers! To help you through this protest season, we’ve been working our way through a series of posts dealing with the most common bid protest mistakes that contractors make....more
In addition to standing behind the plain language of the definition of a “US-made end product,” the court in Acetris Health, LLC v. United States provided new guidance regarding limits on Customs and Border Protection...more
Given how much emphasis federal procurement law properly places on fairness, it can be easy to assume that government buyers must do everything necessary to ensure a fair procurement....more
“I don’t want to do that because it will just upset them and they’ll make sure I don’t win.” This is a common concern I hear from clients when I help them review solicitations (invitations to bid (ITB), requests for proposals...more
It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company,...more
Hey, now! It isn’t 1972 and John Lester “Johnny” Nash, Jr., did not jump from his singer-songwriter gig to writing regulations for Baltimore City, but to be sure, fall is here, the rain is (mostly) gone, and we have a much...more
Bid protests on statewide and local public procurements in Arizona are allowed, in one form or another, if an unsuccessful offeror has both “standing” and a basis for protest. Protestors can seek to be awarded the contract or...more
A recent decision from the GAO serves as a harsh reminder that protests based on the terms of the solicitation must be filed pre-award. In Megatech Corporation, B-417582 (June 25, 2019), a contractor brought a protest,...more
Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and...more
SBA’s proposed rule extends the measurement period from three to five years for contractors under revenue-based size standards to determine eligibility as a small business for federal procurement, including set-aside...more
Drafting a proposal in response to a federal solicitation can be a challenging task. This process becomes even more difficult when the terms of the solicitation are ambiguous, restrictive, or simply incorrect. As a...more
The U.S. Government Accountability Office recently issued a decision in which it clarified the rules regarding bid protests that challenge an agency’s organizational conflict of interest waiver. As discussed below, the GAO’s...more
In our previous two posts, addressing bid protests in D.C. and Maryland, we provided the reader with a survey of the authorities and relevant protest procedures for procuring agencies in those jurisdictions. Those articles...more
The primary goal of offerors’ requesting a debriefing after a government contract is awarded is to learn what they can do to make their proposals more attractive for future procurements. Even the winning proposal is likely...more
Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more