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Bid Protests Bid Proposals Government Accountability Office

Fox Rothschild LLP

Late is Late Update: eSimplicity Upheld

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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

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 4

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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

Fox Rothschild LLP

How to Protest an Agency’s Decision Canceling a Solicitation

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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

Hogan Lovells

Highlights with Hogan Lovells: Bid Protest Digest | Volume V

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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

Morrison & Foerster LLP - Government...

October 2023 Bid Protest Roundup: Instructions, Jurisdiction, Scrutiny

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

Morrison & Foerster LLP - Government...

September 2023 Bid Protest Roundup: Limits To Agency Discretion In Challenge To NAICS Code Assignments, Confines Of The...

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

Morrison & Foerster LLP - Government...

Timeliness Traps: Adverse Action Before Receipt Of A Written Agency-Level Protest Decision

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

Willcox & Savage

Read Your RFP Carefully. Then Read it Again.

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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

McCarter & English Blog: Government Contracts...

Sometimes Post-Proposal Communications Are More Than Sweet Nothings …

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

Sheppard Mullin Richter & Hampton LLP

Losing the Keys to the Kingdom – How Key Personnel Unavailability Can Jeopardize Contract Award

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

Jenner & Block

Government Contracts Legal Round-Up - December 2022 Issue 23

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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

Sheppard Mullin Richter & Hampton LLP

The Gap Widens Between COFC and GAO on Late is Late Rule

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

Morrison & Foerster LLP - Government...

September 2022 Bid Protest Roundup: Challenges To Corrective Action; Discarded Proposals, And Best Value Determinations

This month’s Bid Protest Roundup covers three recent U.S. Government Accountability Office (GAO) decisions: a challenge to an agency’s decision to take corrective action, a protest that an agency unfairly ignored a proposal...more

Sheppard Mullin Richter & Hampton LLP

Organizational Conflicts of Interests – Part 2: OCIs in Bid Protests

Last month, we began our three-part series on organizational conflicts of interests (“OCIs”) with an article discussing the different types of OCIs and how they can be mitigated. Now, in Part 2 of our series, we analyze how...more

Morrison & Foerster LLP - Government...

May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling

This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different...more

Morrison & Foerster LLP - Government...

May 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Bid Protest Roundup (featured on Law360) examines three recent decisions by the U.S. Government Accountability Office (GAO) and the Court of Federal Claims (COFC). The first, Tridentis, LLC, highlights the...more

Morrison & Foerster LLP - Government...

February 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a...more

Blank Rome LLP

Surviving Proposal Weaknesses after Discussions: What Not to Do

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With apologies to Paul Simon, this is another in a series of articles on the 50 ways contractors can lose awards on federal contracts. These cautionary tales should inform anyone in a contractor organization with...more

Shutts & Bowen LLP

Sounds Reasonable to Me: DOAH Holds Agencies May Take Voluntary Corrective Action in Response to Untimely Bid Protests

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The Florida Division of Administrative Hearings (DOAH) recently issued a bid protest decision on an important procedural issue. In Cross Constr. Servs., Inc. v. Dep’t of Transp., No. 20-4214BID, 2020 WL 7425244 (Fla. Div....more

Stinson - Government Contracting Matters

If Your Proposal Makes the Agency Work Too Hard, You Have Only Yourself to Blame If You Don’t Win

If the first rule of proposal writing is “give the agency the information it asks for,” the most important corollary is “make the proposal easy to understand.” In other words, clarity and consistency is key; avoid anything in...more

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