The Situation: Challenges to the scope of an agency's corrective action are notoriously hard to win at the U.S. Government Accountability Office ("GAO") because of the high level of deference normally afforded to agencies in...more
The Situation: The U.S. Government Accountability Office ("GAO") recently sustained a bid protest concluding that a company was ineligible for award because of "key personnel unavailability." Although the employee remained...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
The Situation: The U.S. Government Accountability Office ("GAO") recently released its annual Bid Protest Report.
The Result: The report contains a wealth of information about bid protests, including statistics and...more
In a recently released decision, the Court of Federal Claims held that the court did not have Tucker Act jurisdiction to resolve a bid protest challenging the award of Other Transaction Agreements ("OTAs"). In this case of...more
The Situation: Two new Government Accountability Office ("GAO") bid protest decisions discuss when it is appropriate to rely on the past performance or experience of a contractor's teaming partners, and what types of...more
The Situation: The Government Accountability Office (GAO) recently held that a bid need not contain all of the information listed in the Federal Acquisition Regulation (FAR clause 52.225-9) to qualify for the "unreasonable...more
In our February 2018 Alert, Jones Day explained that the 2018 National Defense Authorization Act ("NDAA") contained a requirement that the Secretary of Defense implement new rules for enhanced debriefings for certain types of...more
The Situation: The 2018 National Defense Authorization Act requires that the Secretary of Defense implement new rules for enhanced debriefings for certain types of acquisitions.
The Result: Once implemented, the enhanced...more
2/12/2018
/ Bid Protests ,
Debriefing ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
GAO ,
NDAA ,
New Guidance ,
New Rules ,
RAND ,
Transparency