News & Analysis as of

Bid Protests

Cohen Seglias Pallas Greenhall & Furman PC

The GAO Reaffirms That a Bid Protest Must Allege a Violation of a Procurement Statute or Regulation

A bid protest must allege a violation of a procurement statute or regulation. Although most protests challenge the award or proposed award of a contract, the GAO will also consider protests involving defective solicitations...more

Morrison & Foerster LLP - Government...

October 2018 Bid Protest Roundup

This month’s bid protest round-up takes a closer look at an agency’s discretion to take corrective action, as well as potential pitfalls with joint ventures and subsidiaries, and clarification on protest timing with the DoD...more

PilieroMazza PLLC

Three Indicators You Need an OCI Mitigation Plan

by PilieroMazza PLLC on

The risk of an organizational conflict of interest (“OCI”)—either perceived or actual—strikes fear in the heart of many a government contractor. An OCI may result in disqualification from a procurement, an adverse bid protest...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Affirms Veteran-Owned Small Businesses Are the VA’s First Priority

The U.S. Court of Appeals for the Federal Circuit recently affirmed a May 2017 Court of Federal Claims decision requiring the U.S. Department of Veterans Affairs (“VA”) to give veteran-owned small businesses first priority...more

Fox Rothschild LLP

GAO Bid Protest Strategies To Avoid: “Mere Disagreement”

by Fox Rothschild LLP on

Bid protests at the Government Accountability Office (GAO) have spawned a distinct area of the law. With multiple evaluation schemes to consider, there are an ever-growing number of strategies for disappointed offerors to...more

Blank Rome LLP

Is There No Balm in Gilead? The Federal Circuit’s Decision in Dell Federal Systems L.P. v. United States Reinforces Contractors’...

by Blank Rome LLP on

Any company that has participated in a federal procurement, and has been involved in subsequent bid protest litigation, is likely familiar with the procuring agency’s ability to take “corrective action.” In a nutshell,...more

PilieroMazza PLLC

809 Panel Seemingly Switches Focus of Protest Recommendations

by PilieroMazza PLLC on

As we noted in our May 2, 2018, post on the possible 809 Panel recommendations for bid protests, the Panel was planning to make radical changes to the bid protest process at DOD, which would lead to less oversight and...more

Morrison & Foerster LLP - Government...

Federal Circuit Overrules Court of Federal Claims: Agencies Need Not Narrowly Tailor Corrective Action

In an important new decision, the Court of Appeals for the Federal Circuit rejected a line of Court of Federal Claims case law that required agencies to “narrowly tailor” corrective action to fit the procurement errors the...more

Morrison & Foerster LLP - Government...

September 2018 Bid Protest Roundup

This month’s round-up covers a slew of interesting bid protests from the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) covering the most recent case in the Department of Education debt...more

Morrison & Foerster LLP - Government...

GAO Sharpening its Blade [Strategies] on OTA Review

The Government Accountability Office’s (GAO) recent decision in Blade Strategies, LLC, B-416752, 2018 WL 4584111 (Comp. Gen. Sept. 24, 2018), clarifies the GAO’s jurisdiction and standard of review for protests of other...more

Morrison & Foerster LLP - Government...

If You’re Not Early, You’re Late: Meeting Deadlines in Federal Procurements

Businesses hoping to win a government contract must be familiar and comply with a host of complex timeliness rules, from the deadlines for submitting proposals and revisions, to the rules for protesting a potentially improper...more

Holland & Knight LLP

GAO Upholds Proposal Rejection Over Conflicting CAGE Codes - Contractors with complex structures should beware.

by Holland & Knight LLP on

Contractors with corporate structures involving more than one entity, such as parent and subsidiary, utilize multiple Commercial and Government Entity (CAGE) Codes. A recent Government Accountability Office (GAO) ruling is a...more

PilieroMazza PLLC

GAO Rebukes Agency for Finding Proposal Nonresponsive Based on Buy American Act Submission

by PilieroMazza PLLC on

The U.S. Government Accountability Office (“GAO”) recently sustained a bid protest in which the U.S. Department of Energy (“DOE”) found a construction contractor’s bid to be nonresponsive due to the contractor’s failure to...more

Morgan Lewis

Moving Quickly and Decisively: Bid Protest Checklist

by Morgan Lewis on

Every year, the federal government makes a hugely disproportionate number of its annual purchases in September (the last month of the fiscal year), with close to 10% of total spending in the last week of the month. This surge...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] Using Debriefs and Protests to Go After the Contracts You Want and Deserve - October 4th, 1:00pm ET

On October 4, Cohen Seglias partner Maria Panichelli is presenting the Govology webinar “Using Debriefs and Protests to Go After the Contracts You Want and Deserve.”...more

Holland & Knight LLP

The VA Proposes and Issues Wide-Ranging Revisions to Its Regulations

by Holland & Knight LLP on

The U.S. Department of Veterans Affairs (VA) recently issued several proposed rules and a final rule amending the VA Acquisition Regulation (VAAR) as part of a phased approach intended to streamline the VAAR to eliminate...more

Davis Wright Tremaine LLP

COFC Sustains Protest, Rejecting Agency’s Improper Reliance on Subcontractor’s Experience and “Next-In-Line” Requirement for...

by Davis Wright Tremaine LLP on

In another recently released bid protest sustained by the Court of Federal Claims, the Court addresses a protestor’s standing and an offeror’s ability to rely on the experience of its subcontractors in satisfying technical...more

Wendel, Rosen, Black & Dean LLP

California Department of Corrections Gets Hit With the Prison Bid Protest Blues

In the recent case, West Coast Air Conditioning Company, California Department of Corrections and Rehabilitation, Case No. D071106 (February 22, 2018), those lyrics could be aptly revised to, “the law fought the courts and...more

Davis Wright Tremaine LLP

Protest Alleging Unfair Treatment in the Evaluation Process Succeeds in the Court of Federal Claims

by Davis Wright Tremaine LLP on

One of the most common, and challenging, arguments made in a post-award bid protest is that the contracting officer’s evaluation was arbitrary and capricious. The challenge with this argument is overcoming the substantial...more

Bradley Arant Boult Cummings LLP

Important Fiscal Year-End (and Beginning) Considerations for Government Contractors

While many federal contractors operate on a fiscal year that coincides with the calendar year, the federal government’s fiscal year is the 12-month period beginning on October 1 and ending on September 30 of the following...more

Morrison & Foerster LLP - Government...

August 2018 Bid Protest Roundup

This month, we bring you three bid protests from three fora. The first is not a decision at all, but an interesting dissenting opinion from two judges of the Court of Appeals for the Federal Circuit, calling into question...more

Fox Rothschild LLP

Establishing Prejudice In A LPTA Protest

by Fox Rothschild LLP on

As I’ve covered here before, low-priced, technically acceptable procurements (LPTA) shine a light on a contractor’s ability to provide the required services at the lowest possible cost to the government. Leave your style...more

Fox Rothschild LLP

GAO Offers Insight On Competitive Range Decisions & Protests

by Fox Rothschild LLP on

Federal procurements often include a competitive range of offerors seeking the contract award. The Federal Acquisition Regulation (FAR) competitive range procedure offers the agency an incremental stage in the competition...more

PilieroMazza PLLC

The 2019 National Defense Authorization Act's Impact on Small Business Procurement

by PilieroMazza PLLC on

On August 13, 2018, the John S. McCain National Defense Authorization Act (“NDAA”) for Fiscal Year 2019 was signed into law by President Trump. As with prior NDAAs, the 2019 NDAA includes a number of provisions that affect...more

Pillsbury Winthrop Shaw Pittman LLP

President Trump Signs FY 2019 NDAA

President Donald Trump signed the Fiscal Year 2019 National Defense Authorization Act, which authorizes a top-line budget of $717 billion and includes significant provisions for government contractors. DoD is required to...more

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