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Bid Protests Government Accountability Office

Bass, Berry & Sims PLC

Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal

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On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Rule Of Two, Post Award, Cost Request

This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions...more

Morrison & Foerster LLP - Government...

June 2024 Bid Protest Roundup

This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. The first protest concerns whether the protester is an interested party; the second involves the adequacy of an...more

Bass, Berry & Sims PLC

Welcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production Awards  

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We have addressed on this blog questions relating to jurisdiction at the GAO, Court of Federal Claims (CFC), and district courts to hear suits relating to awards using the government’s Other Transaction (OT) authority....more

Morrison & Foerster LLP - Government...

Court Of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

A recent decision, Independent Rough Terrain Center, LLC v. United States (“IRTC”),[1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of...more

Fox Rothschild LLP

COFC Says GAO has been wrong on Photocopied Bid Bond Signatures for Decades

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Late last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s...more

Blank Rome LLP

60-Second Sustains: Sparksoft Corporation

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Sparksoft Corporation - B-422440;.2 - • The awardee’s Systems Security Officer (“SSO”) was awarded a positive finding for holding a certified information systems security professional (“CISSP”) certification....more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency

The first decision, Kearney & Co. v. U.S., explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services...more

Fox Rothschild LLP

Can the Government Ignore Red Flags of Set-Aside Fraud?

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The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established...more

Morrison & Foerster LLP - Government...

Has The GAO Opened The Door To Certain Other Transaction (OT) Bid Protests?

Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2024 #5

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7(a) Loan Approval for Borrowers with Unresolved COVID-19 Pandemic Loan Compliance Issues: On May 21, SBA’s OIG issued an inspection report assessing SBA’s 7(a) loan approval process for borrowers with unresolved pandemic...more

Pillsbury Winthrop Shaw Pittman LLP

Agency’s Silence is Golden for Protester

GAO sustains protest because the agency failed to respond to a protest allegation and did not recognize discriminators during the evaluation. A recent GAO decision provides a rare example of GAO sustaining a protest when...more

Blank Rome LLP

60-Second Sustains: ITility, LLC

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ITility, LLC - B-421871.3 - The protester argued that the Department of Homeland Security had unreasonably assessed the awardee a “positive” based on an incorrect understanding of what the awardee had proposed....more

Mayer Brown

US GAO Decision Shows Danger of Allowing SAM Registration to Lapse During Solicitation Period

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On April 1, 2024, the Government Accountability Office (GAO) sustained a bid protest by TLS Joint Venture, LLC because the awardee’s registration in the System for Award Management (SAM) lapsed before the government awarded...more

Blank Rome LLP

Timely Protesting Non-Solicitations at GAO

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The Government Accountability Office’s (“GAO”) rules for timely protesting non-solicitations can be confusing. Offerors (or potential offerors) diligently monitoring SAM.gov need to focus on the substance of a...more

Blank Rome LLP

60-Second Sustains: Criterion Corporation

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Criterion Corporation - B-422309 - • In Air Force procurement for base operations support services, the Agency had eliminated the protester from consideration for award on the basis that its proposed price was...more

Bradley Arant Boult Cummings LLP

SAM Registration Lapse Can Now Cost You a Contract Award

The Government Accountability Office (GAO), in TLS Joint Venture, LLC, B-422275, recently sustained a bid protest alleging that the contract awardee’s System for Award Management (SAM) registration lapsed between the...more

Bass, Berry & Sims PLC

Bid Protest Minute:  GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues

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On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986...more

Fox Rothschild LLP

Procrastination Has Consequences: How Waiting Until the Last Minute to Renew Their SAM Registration Cost a Contractor Millions

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The Government Accountability Office (“GAO”) recently sustained a protest of a contract award because the winning contractor failed to maintain their System for Award Management (“SAM”) registration from the date their...more

Miles & Stockbridge P.C.

Recent GAO Decision Requires Continuous Registration in the System for Award Management for Government Contract Award Eligibility

Companies competing for federal contracting opportunities now have yet another reason to fear their proposals being rejected and their awards getting overturned....more

Bass, Berry & Sims PLC

Bid Protest Minute: Avoiding the Timeliness Trap

On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely. GAO reasoned that its strict timeliness...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 8

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Claims Update - CLogic LLC v. United States, No. 23-6 L, Fed. Cl. (March 21, 2024) The Court of Federal Claims issued what appears to be its first opinion involving a performance dispute under a DoD prototype Other...more

Wiley Rein LLP

SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

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WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 7

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Claims Updates - Yerington Paiute Tribe v. Department of the Interior, CBCA 7818-ISDA (February 1, 2024) The Civilian Board of Contract Appeals affirmed that the Contract Dispute Act’s (CDA) 90-day timeliness deadline...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – February 2024

In February 2024, the Government Accountability Office (“GAO”) published 26 decisions, five of which were sustained. There was also one denial of costs and one denied request for reconsideration. Below is a summary of...more

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