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Bid Solicitation Bid Protests

Stevens & Lee

New Jersey Bidders Beware 2.0 – If in Doubt, File a Timely Appeal to the Rejection of Your State Agency Specification Challenge

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In a prior post, we discussed the importance of timeliness in challenging bid specifications. Let’s assume that your company takes issue with one of the specifications published by a New Jersey state agency in a request for...more

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

Cozen O'Connor

Federal Circuit Increases Jurisdictional Scope for Bid Protests in Percipient.ai, Inc. v. United States

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On June 7, 2024, the U.S. Court of Appeals for the Federal Circuit broadened the Court of Federal Claims’ ability to oversee bid protests in Percipient.ai, Inc. v. United States. This case arose out of a bid protest to an...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

PilieroMazza PLLC

The Case for Intervening in Bid Protests: It’s Almost Always the Right Call

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You’re a federal government contractor who just won a contract award. But, before you pop the champagne, there’s a hiccup: a competitor filed a bid protest challenging your award. “Oh, well,” you think, “the government can...more

Bradley Arant Boult Cummings LLP

Bid Protests in Illinois

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (e.g., our posts on “Bid Protests in North Carolina,” “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,”...more

Stevens & Lee

In Public Bidding, You Can Fight City Hall and Win (or at Least Not Lose)

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In the fight for public contracts, many bidders who feel they have been mistreated or were affected by erroneous reviews and evaluations of their bids or another bid often hesitate to file a challenge. They may feel that they...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 9

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Semiconductor Supply Chain Update - FAR Council Released Advance Notice of Proposed Rulemaking - Suppliers of semiconductors to the government beware. The FAR Council released an Advance Notice of Proposed Rulemaking...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

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

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

Fox Rothschild LLP

Where to Protest When the Government Says Your Bid is Late

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In a January 2024 bid protest denied by the Government Accountability Office (“GAO”), an all-too familiar issue regarding allegedly late email bid submissions timeliness brought the split between GAO and the Court of Federal...more

PilieroMazza PLLC

Keys to Avoiding GAO’s Timeliness Trap

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GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement. Specifically, Marathon reinforces a...more

Bradley Arant Boult Cummings LLP

Bid Protests in Pennsylvania

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more

Whitcomb Selinsky, PC

Silotech-Apex's Operating Agreement Challenged in SDVOSB Protest

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On May 25, 2023, Brandon Parker, a Contracting Officer from the U.S. Department of Veterans Affairs, filed a protest against Silotech-Apex JV, LLC (Silotech) challenging their Service-Disabled Veteran-Owned Small Business...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – January 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. There were also two requests for costs, one of which...more

Sheppard Mullin Richter & Hampton LLP

What Makes a Successful Protest at the Court of Federal Claims

In a previous article, we analyzed what made protests successful at the Government Accountability Office (“GAO”) in Fiscal Year 2023 (“FY23”). Now, we want to share some insights we gained while conducting the same analysis...more

Whitcomb Selinsky, PC

LOGC2 v. Zantech Bid Protest: Analyzing the GAO's Decision

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On February 20, 2018, LOGC2, Inc. lodged a protest against the Department of the Army contesting the award of a task order to Zantech IT Services, Inc. In their protest, LOGC2, Inc. alleged that the agency failed to...more

Whitcomb Selinsky, PC

GAO Upholds Decision on Quantech's Bid Protest Against Air Force

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Quantech Services, Inc. recently lodged a bid protest against the Department of the Air Force's decision to award a task order to Tecolote Research, Inc. In their protest, Quantech alleges that the agency deviated from the...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

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – December 2023

Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. As we...more

Morrison & Foerster LLP - Government...

December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in...more

Blank Rome LLP

60-Second Sustains: American Material Handling, Inc.

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American Material Handling, Inc. B-422171 - The Agency, the International Boundary and Water Commission, was buying a brand name or equal wheel loader on a lowest price, technically acceptable basis....more

Whitcomb Selinsky, PC

Competitive Prejudice in Bid Protests: Lessons from Statistica v. GSBCA

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In a bid protest appeal case involving Statistica, Inc. and the General Services Administration Board of Contract Appeals (GSBCA), Statistica, Inc. contested the decision made by the board in relation to a contract awarded to...more

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