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GAO Publishes Fiscal Year 2019 Bid Protest Statistics

GAO’s sustain rate dropped to 13 percent, the lowest level since Fiscal Year 2015. Protest activity at the GAO decreased by 16 percent over the previous year....more

GAO Highlights Responsibility Exception to “Late Is Late” Rule

Recent GAO protest decision highlights the case law-derived exception to the “late is late” rule for responsibility-related proposal documents. The FAR “late is late” rule requires rejection of untimely filed proposal...more

FAR’s Professional Compensation Clause and Keeping Things Real

Court rules agencies must evaluate the realism of compensation in fixed-price professional services contracts. An agency must evaluate the risk of whether an offeror’s proposed professional compensation is too low to...more

Section 809 Panel Installment One: Expanding Agency Procurement Discretion, Narrowing Contractors’ Bid Protest Rights Recommended

Several of the “Section 809” Panel’s recommendations would change the procurement landscape by significantly curtailing the bid protest process and limiting judicial review of procurement decisions. The Section 809 Panel...more

When Is a Successful Protester Not a “Prevailing Party”? - Agency’s decision to take corrective action in a bid protest at the...

In a unanimous decision issued by the U.S. Court of Appeals for the Federal Circuit on May 1, 2017, the Court held that an otherwise successful protester could not recover its attorney’s fees under the Equal Access to Justice...more

Proposed Changes to GAO Bid Protest Rules: Greater Formality, Overall Familiarity

On April 15, 2016, the Government Accountability Office (GAO) issued a proposed rule in the Federal Register that would amend its current bid protest regulations, codified at 4 C.F.R. Part 21.1 The proposed rule adds a degree...more

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