2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Bid Protest: LPTAs - Are They Still Okay? - Webinar
Missteps in the Bid Protest Process: War Stories from the Trenches
Whether you’re submitting a proposal, filing a protest, or defending your contract award, bid protest rulings can influence not just your current contract but also future outcomes and the broader award process. Recent protest...more
The Federal Circuit just dismissed the Government’s “Late is Late” appeal on Dec. 16th as moot, preserving the split between the Court of Federal Claims (COFC) and the Government Accountability Office (GAO) on the issue of...more
Preparation of competitive bids and proposals for Oregon procurements can take significant time and resources. Oregon government contracting entities such as state agencies, municipalities and school districts as well as...more
The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits...more
On June 12, 2024, the City of Miami Gardens passed an ordinance that updates its municipal code to reflect new processes for unsolicited proposals and Public-Private Partnerships (“P3”) now allowed by statute. As we have...more
The Florida Legislature recently amended Section 255.065, Florida Statutes (P3 Law) pursuant to House Bill (HB) 781, which is expected to become effective on July 1, 2024. HB 781 provides responsible public entities (e.g.,...more
Court of Federal Claims Bid Protest Update - Netcentrics Corporation v. United States and Rockwell Collins, Inc. v. United States - Two recent Court of Federal Claims decisions reaffirm that the Court will meaningfully...more
The general rule (FAR 14.404-1(a)) is that – once a solicitation is put out for bid – the agency must award the contract to the responsible bidder with the lowest responsive bid. However, as is usually the case, there are...more
This issue of bid protest highlights includes key takeaways from the U.S. Government Accountability Office’s (GAO) Bid Protest Annual Report to Congress for Fiscal Year 2023, as well as bid protest decisions from the U.S....more
At the most basic level, contracts serve to assign, allocate, and mitigate risk. Parties—unsurprisingly—are typically unwilling to adopt greater risk than required, and often look to assign most of the risk to the other...more
This month, we feature three bid protest decisions—two from the U.S. Government Accountability Office (“GAO”) and one from the U.S. Court of Federal Claims (“COFC”). Though each of these decisions focuses on a different...more
This month’s Bid Protest Roundup focuses on a recent U.S. Court of Federal Claims decision involving the limitations of the government’s deference defense and a U.S. Government Accountability Office (GAO) that involved the...more
In the right circumstances, an agency-level protest can be a quick and efficient way to address certain procurement errors, as we discussed a few years ago. One downside of agency‑level protests, however, is their potential...more
The European Commission recently released the heavily anticipated terms and conditions for its initial European Hydrogen Bank (EHB) auction. The structure of this subsidy scheme is of great interest to green hydrogen...more
North Carolina statutes permit State agencies and local governments (the "government") to use alternatives to traditional bid-build approaches to construction. Two popular options are construction manager at risk and...more
In 2013, the Florida Legislature passed the Public-Private Partnerships ("P3") Act, currently codified as Section 255.065, Florida Statutes, authorizing the use of P3s in a broad range of infrastructure projects at the local...more
Hosted by American Conference Institute, the 14th Advanced Forum on DCAA & DCMA Cost, Pricing, Compliance & Audits returns this June as the leading compliance event for the government contracting community and their advisors!...more
Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing regulations that apply to Government contractors. This is the second installment of a two-part article on the Truthful Cost...more
In the world of federal contracting, one thing is clear. When crafting a response to a Federal Government Request for Proposal (RFP), one must comply with the precise evaluation criteria contained in that document. Failure to...more
As most government contractors have experienced firsthand, procuring agencies routinely engage in a wide variety of communications after bids have been submitted. On occasion, these exchanges are quite minor and afford an...more
Winning government contracts often comes down to who you have on your team. It should come as no surprise then that government agencies have placed increasing emphasis on key personnel as an evaluation factor in best value...more
Public contracting presents a unique set of hurdles and risks that do not typically arise in the private contracting setting. In this complimentary webinar, our experienced construction and public law attorneys will discuss...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
Join a multi-disciplinary team of Jackson Lewis attorneys, along with guest speakers from the government contracting firm Smith Pachter, for a full-day of presentations, interactive discussions and practical solutions...more
We all know that failure to submit your bid proposal on time typically results in rejection. And the list of exceptions to this “late is late” rule is very short, providing only four notable exceptions: (1) an offeror has...more