News & Analysis as of

Bid Protests

U.S. Court of Federal Claims Reports on Busy and Productive FY17

by Bass, Berry & Sims PLC on

The U.S. Court of Federal Claims recently issued a 2017 statistical report—covering the government’s fiscal year October 1, 2016 to September 30, 2017. During this time, 652 suits filed were filed at the Court and 1,035 suits...more

DOD Protest Reform: Initial Thoughts on the Congressionally-Mandated RAND Report

The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out. The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017...more

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

2017 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2017. The...more

Highly Anticipated Report on Bid Protests is Finally Here!

RAND Corporation recently issued its much-anticipated report on the prevalence and impact of bid protests. The report, which was issued at the direction of Congress, contains a plethora of important—and interesting—findings,...more

Organizational Conflicts of Interest (Post-Award Protest Primer #13)

Today we’ll consider Organizational Conflicts of Interest (OCIs) as a ground of protest. The Federal Acquisition Regulation (FAR) defines an OCI as a situation where “because of other activities or relationships with other...more

Enhanced Post-Award Debriefing Requirements Included in Final Version of FY 2018 NDAA

by PilieroMazza PLLC on

We recently wrote about enhanced post-award debriefing requirements included in the Senate’s version of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2018 [read article here]. The final NDAA signed into law...more

2017, We Hardly Knew You: A Look Ahead to 2018

by Holland & Knight LLP on

Taking over as editors of Holland & Knight’s Government Contracts Blog has been a labor, but it has been a labor of love. Like the rest of the Government Contracts Team, we are passionate about staying on top of the latest...more

US Government Contractors Face New Cybersecurity Requirements

by Latham & Watkins LLP on

As of December 31, 2017, many United States government contractors face a new compliance requirement involving cybersecurity. This requirement will govern most new Department of Defense (DoD) contracts and, significantly,...more

The 2018 NDAA in detail - What contractors need to know

by Dentons on

On Tuesday, December 12, 2017, President Trump signed the fiscal year 2018 (FY18) National Defense Authorization Act (NDAA) into law (Pub. L. 115-91). An annual defense policy bill, the NDAA is a critical piece of legislation...more

Federal Circuit Partially Lifts Ban on Education Department’s Default Collection Efforts; Court of Federal Claims Orders...

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Federal Circuit has partially lifted a preliminary injunction that prevented the U.S. Department of Education (Department) from placing defaulted student loans with private collection...more

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”). The first reminds contractors that competitors can work together when...more

Why Failing To Intervene In A Bid Protest Could Have Dire Consequences

by PilieroMazza PLLC on

Imagine that your company has just been awarded a contract after spending significant time and resources identifying a federal business opportunity and developing a winning proposal. Now imagine that just as you are preparing...more

Weekly Update Newsletter - December 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - PROTESTS - If the Federal Watchdog Office Works for Contract Protestors, Why the Decline? According to an article posted in the Federal Contracts Report, several reasons could explain the...more

GAO's Bid Protest Report to Congress for 2017 Shows Record High Effectiveness Rate

by Jones Day on

The Situation: The Government Accountability Office publishes an annual report detailing bid protest activity for the prior fiscal year. The Result: The fiscal year 2017 report shows that the sustain rate for bid protests...more

While Protests and the Sustain Rate Decrease, the Effectiveness Rate Continues Its Upward Climb - A Brief Review of GAO’s FY 2017...

On November 13, U.S. Government Accountability Office (“GAO”) published its Annual Report to Congress (B-158766, November 13, 2017), which contains the statistics for bid protests filed at GAO in FY 2017. Here are the...more

GAO Protest Primer: Effective Use of Pre-Award Protests

by Fox Rothschild LLP on

It seems that when we discuss GAO bid protests, we most often refer to the post-award variety. Your company lost a contract award due to a procurement error by the agency (like the failure to adhere to the RFP requirements...more

Pending Dispute Over Contract Performance Prompts Agency to Find Contractor Non-Responsible and Rescind Bid Award on Separate...

by Davis Wright Tremaine LLP on

This past summer, the Alaska Department of Transportation and Public Facilities (“DOTPF”) rescinded a bid award after determining that the awardee was not a responsible contractor within the meaning of DOTPF’s bid...more

SBA: Ostensible Subcontractor Rule In Play Even Between Two Small Firms

by Fox Rothschild LLP on

As I have covered here before, every small business owner needs to be aware of the Small Business Administration’s (SBA) ostensible subcontractor rule. In a nutshell, ostensible contractor affiliation occurs when a small...more

New Court of Federal Claims Decision Is an Opportunity for Prospective Bidders

• A potential offeror may have jurisdiction to protest a government insourcing decision at the Court of Federal Claims. • This issue will likely need to be resolved by the Court of Appeals for the Federal Circuit. ...more

Weekly Update Newsletter - November 2017 #2

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - “Mid-Sized Businesses: Too Big to be Small and Too Small to be Big” House Small Business Committee Press Release, November 14, 2017. Retrieved from smallbusiness.house.gov The House Committee on...more

GAO Sustain Rate Is Down from 2016, But Still Higher Than Some Recent Years

by PilieroMazza PLLC on

This week, the U.S. Government Accountability Office (“GAO”) published its annual report to Congress, detailing statistics on the bid protests filed during the 2017 fiscal year. The number of cases filed with GAO (including...more

GAO Releases Bid Protest Statistics for Fiscal Year 2017

by Davis Wright Tremaine LLP on

This past Thursday, I attended an all-day Federal Government Contracts seminar at the Seattle, WA office of AGC titled,“How to Navigate the New Administration.” Among the speakers were my friends and former colleagues Jim...more

Ostensible Subcontractor Rule Does Not Apply to Similar Entities

by Davis Wright Tremaine LLP on

A recent bid protest decision confirmed that the ostensible subcontractor rule cannot apply to similarly situated entities. The rule can result in a finding of affiliation if a small business prime contractor is determined to...more

GAO Finds That Proposal’s Mention of Arbitration Agreements Warrants Sustaining Protest

by Jones Day on

The Situation: GAO sustained a protest challenging a task order award where the awardee's proposal included letters of intent that mentioned an arbitration agreement that was required as a condition of employment. The...more

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