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. Court of Appeals for the Federal Circuit, in SEKRI, Inc. v. United States, recently added to the growing body of case law that has declined to extend the scope of the Blue & Gold waiver rule...more
Ringing out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive...more
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
In NIKA Technologies v. U.S., the U.S. Court of Appeals for the Federal Circuit recently reversed the holding of the U.S. Court of Federal Claims regarding when the protest-filing clock starts running for a stay of contract...more
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
12/14/2020
/ Appeals ,
Bid Protests ,
COFC ,
Construction Contracts ,
Debriefing ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Federal Contractors ,
GAO ,
NDAA ,
Oral Argument ,
US Army Corps of Engineers
Most government contract lawyers are already familiar with the Tucker Act (28 U.S.C. § 1491), which gives the U.S. Court of Federal Claims jurisdiction over many non-tort claims against the United States, including contract...more
8/20/2020
/ Appeals ,
Class Action ,
Contract Disputes ,
Court of Federal Claims ,
Fifth Amendment ,
Litigation Fees & Costs ,
PACER ,
Regulatory Takings ,
Tax Refunds ,
Tort Claims Act ,
Tucker Act
A recent bid protest appeal decision by the U.S. Court of Appeals for the Federal Circuit — XOtech, LLC v. United States — provides clear guidance on what it means to “control” a service-disabled veteran-owned small business...more
Weasel words: “Words or statements that are intentionally ambiguous or misleading.” Concise Oxford English Dictionary 1635 (11th ed. rev. 2008).
The Armed Services Board of Contract Appeals (ASBCA) recently dismissed in...more
In 2018, three particularly important decisions were issued that will have a significant impact on bid protest law for years to come: Dell Federal Systems LP v. United States, PDS Consultants Inc. v. United States, and Oracle...more
12/28/2018
/ Appeals ,
Bid Protests ,
COFC ,
Corrective Actions ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Federal Contractors ,
GAO ,
Nonprofits ,
Procurement Guidelines ,
Rule of Two ,
Set-Aside Contracts ,
Small Business ,
US Army Corps of Engineers ,
Veterans