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SAM Registration Lapse Can Now Cost You a Contract Award

The Government Accountability Office (GAO), in TLS Joint Venture, LLC, B-422275, recently sustained a bid protest alleging that the contract awardee’s System for Award Management (SAM) registration lapsed between the...more

The 5 Most Important Bid Protest Decisions Of 2023

In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more

Unpacking GAO's FY 2023 Bid Protest Report

The U.S. Government Accountability Office's recently issued annual bid protest report is noteworthy because it shows that 31% of bid protests were sustained — more than double the rate for prior years— and that protesters...more

GAO Issues Another Noteworthy Protest Decision on Joint Venture Experience

We recently reported on the Government Accountability Office’s (GAO) decision in AttainX. As we explained, the AttainX decision is noteworthy because the GAO held that, notwithstanding the fact that a solicitation does not...more

5/22/2023  /  GAO , Joint Venture , New Regulations , SBA

GAO Issues Noteworthy Protest Decision on Joint Venture Experience

The Government Accountability Office (GAO), in AttainX, recently sustained a bid protest where the protester argued that the agency’s evaluation was inconsistent with the Small Business Administration’s (SBA) regulations...more

The 6 Most Important Bid Protest Decisions Of 2022

In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note. - ASRC Federal Data Solutions LLC - ESimplicity Inc. v. U.S. -...more

Inside The GAO's Annual Bid Protest Report

The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1. This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more...more

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

Intervention in Bid Protests: A Refresher

The number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year — which is the 12-month period beginning on October 1 and ending on September 30...more

The 6 Most Important Bid Protest Decisions Of 2021

In 2021, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of note: • InfoPoint LLC • Medline...more

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

DoD to Expand Enhanced Debriefings Rights

The Department of Defense (DoD) recently proposed to amend the Federal Acquisition Regulation Supplement (DFARS) to codify and expand on the rules set forth in DoD’s March 2018 Class Deviation on Enhanced Postaward Debriefing...more

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

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...more

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

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn “NIKA Technologies”

A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of  Defense’s (DOD)...more

A Refresher For Gov't Contractors On Bid Protest Intervention

As a result of increased government spending at the end of the government's fiscal year — the 12-month period beginning on Oct. 1 and ending on Sept. 30 — the number of bid protest filings peaks in October. Accordingly,...more

10 Reasons to Intervene in Bid Protests

As we noted recently, the number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year, which ends September 30. Thus, our previous article provided a...more

Intervention in Bid Protests: A Fiscal Year-End Refresher

As a result of increased government spending at the end of the government’s fiscal year — which is the 12-month period beginning on October 1 and ending on September 30 — the number of bid protest filings peaks in October....more

Now There’s Something You Don’t See Every Day: A Subcontractor Intervening in a Bid Protest

Fans of the classic 1960s cartoon series Rocky and Bullwinkle may recall two minor characters, Chauncey and Edgar, who commented on the action by saying something like this: “Now there’s something you don’t see every day,...more

COVID-19-Related Government Contract Obligations Total Almost $17 Billion

The Government Accountability Office (GAO) recently issued a report to Congress titled COVID-19: Opportunities to Improve Federal Response and Recovery Efforts. Of note, the GAO reports that government-wide contract...more

GAO Bid Protest Report for FY 2019 is Noteworthy

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report for Fiscal Year (FY) 2019. As discussed below, this year’s report is particularly noteworthy for multiple reasons, including...more

GAO Clarifies Its Authority to Review AbilityOne Bid Protests

The Government Accountability Office (GAO), in TeamWendy, LLC, B-417700.2 (Oct. 16, 2019), recently clarified the scope of its authority to review bid protests involving the addition of products or services to the AbilityOne...more

GAO Weighs In on Applicability of Small Business Runway Extension Act

The Government Accountability Office (GAO) recently denied two consolidated bid protests alleging that a solicitation issued by the General Services Administration (GSA) was inconsistent with the Small Business Runway...more

GSA Rescinds All Alliant 2 Small Business Awards in Response to Protest

The General Services Administration (GSA) recently announced that, “[d]ue to corrective action being taken in response to a U.S. Court of Federal Claims protest, the government has rescinded all contract awards made in...more

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