News & Analysis as of

Bid Protests

What Contractors Need to Know about the Proposed FY 2018 NDAA

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act. The NDAA coming out of the conference committee contains numerous provisions that would affect government...more

Changes for Bid Protests in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests. Enhanced DoD...more

Large Contractors – Time to Take Your Protests to Court?

by Bass, Berry & Sims PLC on

Congress recently concluded the conference on the 2018 National Defense Authorization Act (NDAA), resolving the differences between the House and Senate versions of the FY18 NDAA passed earlier this year. Pilot Program...more

Dateline Washington – Some Things Appear To Still Be Working, Albeit Not Well For Government

As required by the Competition in Contracting Act of 1984, 31 U.S.C. §§3554 et al. (CICA), the U.S. Government Accountability Office (GAO) has certain bid protest-related jurisdiction over executive agencies. As part of its...more

GAO Bid Protest Sustain Rate Remains High in FY 2017

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. Of particular note, the report states that, “[o]f the protests resolved on the merits during fiscal year 2017, [GAO]...more

Weekly Update Newsletter - November 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - SBA - Backlash to SBA Regulatory Research Contract Is Growing - Critics are raising significant concerns about the award of a federal contract to study regulatory costs to two researchers whose...more

Analysis of the Current Draft 2018 NDAA

by Holland & Knight LLP on

This is the first blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Mentor Protégé Joint Venture Allowed to Proceed with Contract Even Though Ineligible to Bid

by Bass, Berry & Sims PLC on

In an unsealed opinion on October 30, 2017, U.S. Court of Federal Claims Judge Nancy Firestone held that a company, which should have been deemed ineligible from bidding, was allowed to proceed with a contract award because...more

Non-Meaningful, Misleading, and Unequal Discussions

Today’s post is the first of two installments on protest grounds related to discussions. This post will focus on the requirement that discussions be meaningful and not misleading, and treat offerors equally. The next post...more

October 2017 Bid Protest Roundup

This month’s bid protest roundup discusses five decisions covering corrective action, an agency’s evaluation discretion, the “late-is-late” rule, intervening at the Court of Federal Claims (COFC), and Small Business...more

Three October Bid Protest Decisions That May Affect Your Business

• First, an awardee is responsible for keeping tabs on what happens in a protest of its award, or it may not be able to submit its own challenge if the protest is sustained. • Second, mere compliance with cybersecurity...more

Enhanced DoD Debriefing Requirements in the Senate Version of the FY 2018 NDAA May Reduce Bid Protests

by PilieroMazza PLLC on

On September 18, 2017, the Senate passed its version of the National Defense Authorization Act (“NDAA”) which authorizes nearly $700 billion in defense spending for Fiscal Year 2018 and contains significant procurement reform...more

MoForward 2018

On Thursday, October 26th, Morrison Foerster’s Government Contracts Group held its inaugural MoForward Event at the Tysons Corner Ritz Carlton. The event was a rousing success, reflecting the unique interaction between our...more

Bid Protests in Colorado: Important New Changes

Colorado recently overhauled its Procurement Code. The legislature changed rules governing bid protests of state-funded procurements. We offer a user-friendly overview of the “new” Colorado bid protest process in this blog...more

GAO: Excellent Performance Of Incumbent Contract Does Not Guarantee Future Follow-On Work

by Fox Rothschild LLP on

Every government contractor that begins performance on a new engagement has the same basic goal – superior performance that bolsters the company’s bottom line and garners excellent past performance ratings from the...more

How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest

by Williams Mullen on

Confronting an exclusionary solicitation or failing to win an award can be highly frustrating. Putting aside emotion and applying practical and objective criteria to the situation will help companies assess whether there is...more

Unstated Evaluation Criteria And Waived Solicitation Requirements (Bid Protest Primer #10)

This week we’ll discuss two protest arguments that are, in some ways, two sides of the same coin: unstated evaluation criteria and waived or relaxed solicitation requirements. In each, the focus of the protest is on what...more

Weekly Update Newsletter - October 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - “Conferees Will Determine Fate of Defense Bill Provision to Deter Frivolous Contractor Bid Protest” Government Executive, October 13, 2017. Retrieved from govexec.com Senators, as they have in...more

Learning from Bid Protests: Don’t Lose Your Protest Before You Begin

by Bass, Berry & Sims PLC on

The U.S. Government Accountability Office (GAO) recently published four protest decisions that were all denied due to timeliness issues. This string of cases serves as a reminder that no matter how strong a protest’s basis...more

Weekly Update Newsletter - October 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Women-Owned Small Business Federal Contract Program NAICS Code Updates - The U.S. Small Business Administration (“SBA”) has updated the North American Industry Classification System...more

A Square Peg in a Round Hole – The GAO Sustains a Challenge to an Award That Includes Services Not Included in a GSA Schedule...

by Williams Mullen on

GSA’s Federal Supply Schedule program intends to provide a simplified process for agencies to procure supplies and services, while leveraging the terms and pricing of the commercial marketplace, as well as the Federal...more

Unavailability of key personnel: a growing protest risk

by DLA Piper on

A recent decision from the US Government Accountability Office (GAO) confirms that an offeror may be excluded from a competition if an employee proposed as "Key Personnel" becomes unavailable before award....more

September 2017 Bid Protest Roundup

This roundup of notable bid protest decisions issued in September 2017 highlights three decisions, two at the Government Accountability Office (GAO) and one at the Court of Federal Claims (COFC). The first reminds us of the...more

FY 2018 Forecasts: Cloudy Skies for False Claims and Storms on the Protest Horizon?

This is the first in a short series of forecasts from our Government Contracts partners on things to watch for in government contracts in Fiscal Year 2018. For more in-depth discussions of current events and trends, please...more

Senate Proposes Major Overhaul to the GAO Bid Protest Process

by Blank Rome LLP on

On September 18, 2017, the Senate passed its version of the 2018 National Defense Authorization Act (“NDAA”). The proposed bill, which heads into conference with the House to resolve the competing bills, will implement...more

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