News & Analysis as of

Bid Protests Jurisdiction

Mayer Brown

Ruling on an Issue of First Impression, US COFC Finds Protest Jurisdiction Over Challenge to a Follow-On Production Other...

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On July 16, 2024, the Court of Federal Claims (“COFC” or “Court”) published an opinion, Independent Rough Terrain Center, LLC v. United States, exercising jurisdiction to consider a bid protest involving Other Transaction...more

Pillsbury Winthrop Shaw Pittman LLP

In a Landmark Decision, Federal Circuit Expands Protest Jurisdiction at COFC

The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest jurisdiction. ...more

Maynard Nexsen

Recent GAO Decision Highlights GAO's Jurisdiction Over Protests Involving Task Orders

Maynard Nexsen on

The recent bid protest decision in ELS, Inc., B-421989, December 21, 2023, 2023 CPD highlights an important aspect of bid protest litigation before the U.S. Government Accountability Office ("GAO"): task order jurisdiction....more

Sheppard Mullin Richter & Hampton LLP

Challenging Other Transaction Agreements – Navigating the Jurisdictional Highway

The origination of Other Transaction Agreements (OTAs) traces back to the October 1957 launch of Sputnik I by the Soviet Union and the subsequent Space Race. Congress created the National Aeronautics and Space Administration...more

Perkins Coie

Federal Circuit Holds “Sum Certain” Requirement in Government Contracts Cases Is Nonjurisdictional

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Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act (CDA)...more

Venable LLP

Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

Venable LLP on

Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the...more

Jenner & Block

Government Contracts Legal Round-Up - June 2023 Issue 10

Jenner & Block on

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

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

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The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

Morgan Lewis

Court of Federal Claims Clarifies Bid Protest Jurisdiction for OTA Agreements

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In a recent dispute, the United States argued that the Court of Federal Claims lacked jurisdiction to review any disputes concerning Other Transaction Authority (OTA) agreements, and that it is “conceivable” that no court had...more

WilmerHale

How Claims Court Ruling May Expand Bid Protest Avenues

WilmerHale on

The U.S. Court of Federal Claims' willingness to accept jurisdiction over what are ostensibly Other Transaction Authorities, or OTAs, surfaced again this month in Hydraulics International Inc. v. U.S., where the court found...more

Morrison & Foerster LLP - Government...

Another Piece To The Puzzle: Court Of Federal Claims Has Jurisdiction Over Bid Protest Where The Disputed Other Transaction Could...

There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported, cases such as SpaceX, MD Helicopter, and Kinemetrics have provided useful data points. The...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Contractors' 10 Biggest Bid Protest Mistakes (and How to Avoid Them) -...

Government contractors: We are excited to continue our “GovCon Examiner Live” webinar series in 2022. Over the course of the next 12 months, the Chair of our Government Contracting department, Maria Panichelli, will bring her...more

Bass, Berry & Sims PLC

The Black Hole of Protest Jurisdiction: Can I Challenge the Award of an “Other Transaction Agreement”?

Bass, Berry & Sims PLC on

While most federal procurements are conducted using the onerous regulations set forth in the Federal Acquisition Regulation (FAR) and agency supplements, agencies are increasingly relying on the more flexible, but...more

Bradley Arant Boult Cummings LLP

GAO Clarifies Scope of its Jurisdiction Over OTA Protests

The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority....more

Snell & Wilmer

Where There’s an Implied Contract, There’s a Potential Bid Protest: Court of Federal Claims Has Jurisdiction to Hear Breach of...

Snell & Wilmer on

A recent U.S. Court of Appeals for the Federal Circuit (Federal Circuit) decision provides unsuccessful government contractors yet another avenue to pursue a bid protest. Notably, the Federal Circuit resolved the looming...more

Jones Day

OT Protesters Looking for a Place to Land

Jones Day on

The Situation: The Federal District Court for the District of Arizona recently dismissed MD Helicopters' Other Transaction ("OT") protest for lack of jurisdiction. The court reasoned that, although the OT was not a...more

Bradley Arant Boult Cummings LLP

Can You Challenge a CPAR Evaluation in a Bid Protest?

Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing...more

Obermayer Rebmann Maxwell & Hippel LLP

Don’t Wait - A Protest is Too Late - To Challenge or Correct Your Bad CPARS

Have you ever received a negative CPARS that you felt was unjustified? Did that negative CPARS cause you to lose other contract awards? That is what happened to the contractor-protester in Colonna Shipyard, Inc. v. U.S., a...more

Pillsbury Winthrop Shaw Pittman LLP

Court of Federal Claims Clarifies Limits of Task Order Protest Jurisdiction

Court holds it lacks jurisdiction over protests of task order modifications within scope of underlying IDIQ contract. The COFC generally is barred by statute from hearing bid protests in connection with the issuance of...more

Cohen Seglias Pallas Greenhall & Furman PC

Recent GAO Decision Highlights the Distinction Between Jurisdiction and Prejudice

By law, a GAO protest must be filed by an interested party. An interested party is an actual or prospective bidder or offeror whose direct economic interest would be impacted by the award of a contract or by the failure to...more

McGuireWoods LLP

New GAO Protest Rules Take Effect May 31

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On May 31, 2018, two new rules go into effect that impact the U.S. Government Accountability Office’s (GAO’s) jurisdiction to hear protests of task orders and delivery orders issued pursuant to multiple-award...more

Holland & Knight LLP

FAR Council Publishes Rule on Raised Threshold for Task and Delivery Order Protests

Holland & Knight LLP on

On May 1, 2018, the Federal Acquisition Regulatory (FAR) Council published a final rule amending FAR 16.505(a)(10) to raise the minimum threshold for Government Accountability Office (GAO) protests of certain task and...more

Akin Gump Strauss Hauer & Feld LLP

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

Kilpatrick

Dateline Washington – Some Things Appear To Still Be Working, Albeit Not Well For Government

Kilpatrick on

As required by the Competition in Contracting Act of 1984, 31 U.S.C. §§3554 et al. (CICA), the U.S. Government Accountability Office (GAO) has certain bid protest-related jurisdiction over executive agencies. As part of its...more

Morrison & Foerster LLP - Government...

Procedurally Non-Protestable Issues (Post-Award Protest Primer #7)

Before diving into the various protest grounds that may result in a sustained protest at the GAO, let’s look at some sure losers. These are issues that are not protestable and would likely result in a quick dismissal. This...more

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