News & Analysis as of

Bid Protests

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

What Contractors Need to Know about the Proposed FY 2018 NDAA

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act. The NDAA coming out of the conference committee contains numerous provisions that would affect government...more

Changes for Bid Protests in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests. Enhanced DoD...more

Large Contractors – Time to Take Your Protests to Court?

by Bass, Berry & Sims PLC on

Congress recently concluded the conference on the 2018 National Defense Authorization Act (NDAA), resolving the differences between the House and Senate versions of the FY18 NDAA passed earlier this year. Pilot Program...more

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

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

GAO Bid Protest Sustain Rate Remains High in FY 2017

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. Of particular note, the report states that, “[o]f the protests resolved on the merits during fiscal year 2017, [GAO]...more

Weekly Update Newsletter - November 2017

by PilieroMazza PLLC on

GOVERNMENT CONTRACTS - SBA - Backlash to SBA Regulatory Research Contract Is Growing - Critics are raising significant concerns about the award of a federal contract to study regulatory costs to two researchers whose...more

Analysis of the Current Draft 2018 NDAA

by Holland & Knight LLP on

This is the first blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more

Mentor Protégé Joint Venture Allowed to Proceed with Contract Even Though Ineligible to Bid

by Bass, Berry & Sims PLC on

In an unsealed opinion on October 30, 2017, U.S. Court of Federal Claims Judge Nancy Firestone held that a company, which should have been deemed ineligible from bidding, was allowed to proceed with a contract award because...more

Non-Meaningful, Misleading, and Unequal Discussions

Today’s post is the first of two installments on protest grounds related to discussions. This post will focus on the requirement that discussions be meaningful and not misleading, and treat offerors equally. The next post...more

October 2017 Bid Protest Roundup

This month’s bid protest roundup discusses five decisions covering corrective action, an agency’s evaluation discretion, the “late-is-late” rule, intervening at the Court of Federal Claims (COFC), and Small Business...more

213 Results
|
View per page
Page: of 9
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.