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Administrative Procedure Act Bid Protests

Mayer Brown

Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

Mayer Brown on

On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for...more

Stevens & Lee

The Need for More Uniformity and Standardization in New Jersey’s Bid Protest Procedures

Stevens & Lee on

Nearly 60 years ago, the New Jersey Supreme Court published one of its seminal bidding cases in Commercial Cleaning Corp. v. Sullivan, holding that a trial-type hearing is not required when challenging a bid award....more

Morrison & Foerster LLP - Government...

Court of Federal Claims Confirms Jurisdiction over Other Transaction (OT) Bid Protests

Last month, in Raytheon Co. v. United States, the U.S. Court of Federal Claims (COFC) confirmed its jurisdiction to hear bid protests challenging the award of certain other transaction (OT) agreements. The decision names COFC...more

Holland & Knight LLP

Court of Federal Claims Deems Itself "De Facto Forum" for Other Transaction Agreement Protests

Holland & Knight LLP on

In a decision published on Feb. 24, 2025, Judge Armando Bonilla of the U.S. Court of Federal Claims (COFC or Court) weighed in on the ongoing debate about jurisdiction over protests of other transaction agreements (OTAs). The...more

Blank Rome LLP

60-Second Sustains: TISTA Science and Technology Corporation

Blank Rome LLP on

Protest of: TISTA Science and Technology Corporation - B-422891.2; .3; .4 - TISTA challenged the issuance of a task order by the National Institutes of Health to Tantus Technologies, alleging the agency engaged in...more

Snell & Wilmer

GAO Annual Report Reveals Most Commonly Successful Arguments in Bid Protests

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In its “GAO Bid Protest Annual Report to Congress for Fiscal Year 2024,” the Government Accountability Office (GAO) revealed the most common reasons bid protests were sustained this past year, including: (1) unreasonable...more

Schwabe, Williamson & Wyatt PC

Federal Court Invalidates President Biden’s Mandatory PLA Requirements on Federal ‎Projects Over $35 Million

On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more

Bradley Arant Boult Cummings LLP

Bid Protests in New Jersey

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see our posts on “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid...more

Bass, Berry & Sims PLC

Broad Agency Discretion to Cancel Bid Solicitations Curtailed with Recent Court Decision – “The Tribe has Spoken”

Generally, government agencies are given broad discretion to define their needs; however, last month, the United States Court of Federal Claims chose to curtail an agency’s authority to cancel and amend bid solicitations in...more

Morrison & Foerster LLP - Government...

DECEMBER 2021 BID PROTEST ROUNDUP

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in...more

Perkins Coie

Federal Circuit Clarifies Prejudice Is Never Presumed in Bid Protests

Perkins Coie on

Last week, in a decision that will increase the burden of proof for contractors in bid protests, the U.S. Court of Appeals for the Federal Circuit clarified that prejudice, a critical part of any protest action, is not to be...more

Snell & Wilmer

Where There’s an Implied Contract, There’s a Potential Bid Protest: Court of Federal Claims Has Jurisdiction to Hear Breach of...

Snell & Wilmer on

A recent U.S. Court of Appeals for the Federal Circuit (Federal Circuit) decision provides unsuccessful government contractors yet another avenue to pursue a bid protest. Notably, the Federal Circuit resolved the looming...more

Jones Day

OT Protesters Looking for a Place to Land

Jones Day on

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

PilieroMazza PLLC

Weekly Update Newsletter - February 2019 #4

PilieroMazza PLLC on

GOVERNMENT CONTRACTING - The Government Accountability Office (GAO) sustained a protest filed by Ekagra Partners, LLC challenging the terms of a request for proposal (RFP) issued by the General Services Administration...more

Morrison & Foerster LLP

So You Want To Supplement The Record At Claims Court

Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by...more

Cohen Seglias Pallas Greenhall & Furman PC

Déjà Vu All Over Again?

As a child growing up just outside of New York City, I was a big New York Yankees fan. My grandfather used to love telling me stories about how far Mickey Mantle could hit a ball and what a tremendous pitcher Whitey Ford was,...more

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