Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success
5 W’s of Bid Protests: The Who, What, When, Where, and Why
Podcast Series: Commercial Businesses New to Government Contracting: Mitigating Protests and Disputes in Government Contracts
Thawing From the Freeze: Significant Developments in Government Contracts from 2021-2022
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Bid Protest: LPTAs - Are They Still Okay? - Webinar
Podcast: Discussing Government Procurement with Karen Walker and Tiffany Roddenberry
Preparing for Post-Award Debriefings
Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks
Missteps in the Bid Protest Process: War Stories from the Trenches
Government Contracting Phase One: Transitioning From Commercial to Government Work
Common Issues in Government Procurement and Contracting with John Edwards and William Stowe
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
CPARS From A to Z
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission....more
Deloitte Consulting LLP - B-422094; B-422094.2 - • During the evaluation of the awardee’s quotation, the Department of Homeland Security identified a potential Organizational Conflict of Interest (“OCI”) with one of...more
On December 20, 2023, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing, among other things, that the procurement was tainted by an appearance of impropriety after the agency...more
Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the...more
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
This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might...more
Preventing Organizational Conflict of Interest Federal Acquisition Act, P.L. No 117-324 (January 3, 2023) The FAR 9.5 OCI provisions have been out-of-step with practice for well over a decade. Government and private...more
In the first two parts of this series, we have summarized what constitutes an Organizational Conflict of Interest (“OCI”) in government procurements, and discussed OCIs’ importance in the bid protest arena....more
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
You might be wondering, “What’s so important about Organizational Conflicts of Interest (“OCIs”)?” The answer is fairly simple: understanding both what causes OCIs and how to mitigate them are critical because unmitigated...more
This month’s Bid Protest Roundup covers two recent Government Accountability Office (GAO) decisions and a decision from the Court of Federal Claims. All involve defense procurements, but each offers a unique lesson for...more
Organizational conflicts of interest (OCI) are troubling for both the government and contractors. Under FAR 2.101, an OCI is a situation where “a person is unable or potentially unable to render impartial assistance or advice...more
If a company has one or more Organizational Conflicts of Interest (“OCIs”), its ability to compete for (or perform) a government contract in a fair and equitable manner is inherently called into question. In the context of a...more
In its recent decision in the Matter of: Steel Point Solutions, LLC, the GAO considered the concept of Organizational Conflicts of Interest (OCI). OCIs usually fall into one of three categories: “biased ground rules,”...more
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
When an agency makes an award to the incumbent, the disappointed offerors often believe that the incumbent’s performance of the previous contract must have given it an impermissible leg up on the competition in the form of an...more
What happens when you are notified by the procuring agency that you have not been awarded the contract that you submitted a bid, proposal, or quote for? What exactly can you protest? Hiring an experienced, knowledgeable...more
This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (GAO). The first, Sumaria Systems, Inc., evaluates whether an agency’s use of the highest...more
On September 24, 2020, the Government Accountability Office (GAO) sustained a protest brought by Teledyne Brown Engineering Inc. (Teledyne) against the $651.6 million National Aeronautics and Space Administration (NASA)...more
WHAT: The Government Accountability Office (GAO) sustained a protest filed by Teledyne Brown Engineering, Inc. (Teledyne) challenging the National Aeronautics and Space Administration's (NASA) award of a ground systems and...more
As we noted recently, the number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year, which ends September 30. Thus, our previous article provided a...more
This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers[i], examines potential conflicts of interest arising out of the...more
...As most contractors know, a good protest requires a lot of thought and commitment to convince an agency or tribunal of why corrective action should be taken. The last thing a protester wants is to learn – too late – that...more
While the global pandemic may still have still have much of the country on hold, this month’s installment of our monthly Law360 bid protest roundup makes clear that the Federal Courts are business as usual, with three...more
A common source of organizational conflicts of interest (OCI) is when a firm’s ability to render impartial advice to the government is or might be undermined by the firm’s competing interests. These OCIs, termed “impaired...more