News & Analysis as of

Bid Protests

New GAO Bid Protest Rules Take Effect May 1 — What Contractors Need to Know

by McGuireWoods LLP on

Beginning May 1, 2018, all bid protests (except protests containing classified material) must be filed electronically through the Government Accountability Office’s new Electronic Protest Docketing System (EPDS). Along with...more

Expediting Bid Protests

by Bilzin Sumberg on

Last week, the Rand Corporation, which just completed an analysis of the federal bid-protest system, announced that one thing the federal government has been doing particularly well is resolving bid protests quickly–the...more

Bid Protests of State Procurements in the DMV (D.C., Maryland, and Virginia) Part 2 of 3 – D.C.

by Miles & Stockbridge P.C. on

For the second post in our three part series regarding state-level bid protests in the DMV, we turn our attention to the District of Columbia. In our first post we discussed the authorities and procedures for Maryland...more

GAO Bid Protests Go Electronic On May 1, 2018 (And With A Fee)

by Clark Hill PLC on

The U.S. Government Accountability Office (“GAO”) announced that, beginning May 1, 2018, bid protests with the GAO must be submitted electronically through its new electronic bid protest docketing system. Along with this new...more

GAO Protest Requires Fee and Specialized Filing Starting May 1, 2018

by Perkins Coie on

Starting May 1, 2018, the General Accounting Office (GAO) will require that all new protests (except those containing classified information) be filed using its web-based electronic filing system known as the Electronic...more

The Future is Here: GAO Bid Protests to Be Filed Electronically Starting May 1, 2018

by PilieroMazza PLLC on

On April 2, 2018, the U.S. Government Accountability Office (“GAO”) issued a final rule, which, effective May 1, 2018, implements an electronic filing system for bid protests known as the Electronic Protest Docketing System...more

Bid Protests of State Procurements in the DMV (D.C., Maryland, and Virginia) Part 1 of 3 - Maryland

by Miles & Stockbridge P.C. on

This is part 1 of a 3 part series discussing state-level bid protests in the DMV. For a contractor who just expended significant time and money to bid on a DMV state-level government contract, only to watch the award...more

Government Contracts Legislative and Regulatory Updates - April 2018

by Dentons on

Our April edition of “Government Contracts Legislative and Regulatory Update” offers a summary of the relevant changes that took place during the month of March....more

Procurement Integrity Act Violations (Post-Award Protest Primer #15)

Offerors should, and generally do, carefully guard the confidentiality of their bid and proposal information. And agencies that receive that information generally are careful to prevent its improper release, much as they...more

March 2018 Bid Protest Roundup

In this roundup of interesting Government Accountability Office (GAO) protests released in March, we take a look at (1) the importance of having an adequate agency record; (2) the effect of asserting no data rights in a...more

GOA Announces Final Version of Amended Bid Protest Regulations

by Davis Wright Tremaine LLP on

Earlier this week, the GAO announced the final version of its amended bid protest regulations, which take effect May 1, 2018. Significant changes to the regulations include - the implementation of an electronic docketing...more

The Bid Protest Process Changes After May 1: Here’s What You Need to Know

After much testing, inquiry of industry and rulemaking, the U.S. Government Accountability Office (GAO) has formally issued new rules that provide updated e-filing methods and systems as well as fees—yes, fees—for filing and...more

DOD Extends Post-Award Debriefing Rights

On March 22, 2018 the Department of Defense (“DoD”) issued a memorandum that augments FAR 15.506 “Postaward debriefing of offerors”, at least as relates to unsuccessful offerors. Arising out of a requirement in the 2018...more

GAO Makes Electronic Filing, $350 Filing Fee Mandatory on May 1, 2018

by Miles & Stockbridge P.C. on

Electronic filing of bid protests and the $350 filing fee are finally here. On Monday, April 2, 2018, the U.S. Government Accountability Office (GAO) published a final rule implementing two key changes to the bid protest...more

GAO to Implement Bid Protest E-Filing on May 1, 2018 (Along with Some Other Changes)

The Government Accountability Office (GAO) will cut the ribbon on its Electronic Protest Docketing System (EPDS) on May 1, 2018, according to a final rule published Monday (at 83 Fed. Reg. 13817). The electronic filing...more

Changes Imminent for GAO Bid Protests

New final rule implements electronic filing system and other key changes. GAO has implemented a formal electronic filing system and imposed a one-time, nominal filing fee. ...more

GAO Releases New Regulations for Bid Protests

by Holland & Knight LLP on

The GAO released its final rule implementing new regulations covering bid protests under its jurisdiction. In a previous blog post, we analyzed the proposed rules. The new regulations make changes consistent with the...more

DoD Takes Steps to Implement Enhanced Debriefings As Required by NDAA

by Holland & Knight LLP on

The Department of Defense has taken steps to implement a portion of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 (Pub. L. 115-91) enhancing postaward debriefing rights. Specifically, Shay Assad, Director...more

Bait-And-Switch And Unavailable Key Personnel (Post-Award Protest Primer #14)

The bait-and-switch in the salesman’s world involves enticing a prospective customer with an unbelievably good deal, only to switch it at the last moment with a bargain that is considerably less attractive to the buyer, and...more

The Silent No: Initial Adverse Agency Action Can Simply Be No Action at All

Coming on the heels of a decision presenting two timeliness reminders, which we addressed in “GAO Presents a Study in Timeliness Traps,” the GAO once again issued a decision last week presenting a third timeliness trap of...more

Federal Contractors’ Guide To Small Business Administration Set-Aside Contracts, Size Standards, Size Protests, And Affiliation

by Fox Rothschild LLP on

The federal government sets aside a significant portion of its procurement dollars each year for purchasing goods and services from small businesses. Small business set-aside procurements and small business contract awards...more

Learning from Bid Protests: Price “Credits” for IP Rights

by Bass, Berry & Sims PLC on

On January 24, 2018, the Government Accountability Office (GAO) denied a bid protest that in part, focused on the issue of price credit. VT Halter Marine, Inc. (VT) protested the award of a Department of the Army contract—for...more

Weekly Update Newsletter - March 2018

by PilieroMazza PLLC on

GOVERNMENT CONTRACTING - Claims Court Could Receive Record Number of Protests in 2018 - According to an article in the Federal Contracts Report, the United States Court of Federal Claims (COFC) is on course to receive...more

Do Millennials Post a Retention Risk? According to GAO, It’s Reasonable For Agencies to Consider It - Set-Aside Alert

by PilieroMazza PLLC on

The common assumption is that Millennials move quickly between jobs, never truly laying down roots for the long-term. The United States Government Accountability Office (“GAO”) conducted its own study, which focused on...more

February 2018 Bid Protest Roundup

In this roundup of interesting U.S. Government Accountability Office (GAO) protests released in February, we look at (1) the effect of agency-level protests on GAO protest deadlines; (2) the fairly high bar for winning a...more

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