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Bids Bid Protests Government Accountability Office

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

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

Bass, Berry & Sims PLC

Bid Protest Minute: Proving an Organizational Conflict of Interest Exists

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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

Jenner & Block

Government Contracts Legal Round-Up - August 2023 Issue 15

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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

Jenner & Block

Government Contracts Legal Round-Up - July 2023 Issue 14

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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

Jenner & Block

Government Contracts Legal Round-Up - July 2023 Issue 13

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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

Willcox & Savage

Man Bites Dog: Low Bidder Not Awarded Federal Contract

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Most of the time the low bidder will win a government contract. But not always. Sometimes a federal agency will make an award on a best-value trade-off basis. This process can be used “when it may be in the best interest of...more

Bass, Berry & Sims PLC

Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships

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Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for...more

Bradley Arant Boult Cummings LLP

The 6 Most Important Bid Protest Decisions Of 2022

In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note. - ASRC Federal Data Solutions LLC - ESimplicity Inc. v. U.S. -...more

Bradley Arant Boult Cummings LLP

Intervention in Bid Protests: A Refresher

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 is the 12-month period beginning on October 1 and ending on September 30...more

Bass, Berry & Sims PLC

Responsibility vs. Responsiveness: A Critical Difference Saves Flawed Initial Bid

As a general matter, an agency should reject a bid out of hand if it is deemed defective due to problems with bidder responsiveness. However, flawed bids determined on account of issues with bidder responsibility can be...more

Fox Rothschild LLP

Contractor Alert: GAO Reaffirms Position on Late Email Proposals

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In a post earlier this year, I discussed a significant split between the Court of Federal Claims (COFC) and the Government Accountability Office (GAO). GAO has long held that email bid submissions, which do not arrive on time...more

Morrison & Foerster LLP - Government...

Unavailable Key Personnel: Differing Legal Standards At The GAO And Court Of Federal Claims

An interesting new bid protest decision from the U.S. Court of Federal Claims articulates a rule for pre-award key personnel unavailability that is very different from the one employed by the U.S. Government Accountability...more

Bradley Arant Boult Cummings LLP

Key Takeaways from GAO's Annual Bid Protest Report

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. As discussed below, this year's report is noteworthy for multiple reasons, including that it shows that protesters...more

Stinson - Government Contracting Matters

GAO Reminds Offerors that It’s Important to Substantiate Key Personnel’s Experience

Putting your best foot, or best personnel, forward seems like “Winning the Contract Award 101.” But a refresher course never hurts. Recently, the Government Accountability Office (GAO) decision in Deloitte Consulting, LLC...more

PilieroMazza PLLC

Cancelled Solicitation: What Can A Government Contractor Do?

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Proposal preparation can be a difficult and expensive process. On top of the normal challenges of spending thousands of dollars preparing what a contractor hopes is a successful proposal, they also face the risk of an agency...more

PilieroMazza PLLC

Good News for Offerors who Provide Unique Low-cost Solutions to the Government

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The author and playwright Clare Boothe Luce, known for her feline wit, is famously supposed to have said “No good deed goes unpunished.” While that remark may have had validity that in the 1930s New York café society, it...more

Holland & Knight LLP

Federal Circuit Decision Makes it Easier for Contract Awardees to Protest Unwarranted Agency Corrective Action

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Until recently, one of the "conventional wisdoms" about GAO bid protest practice was that agencies had almost unfettered (and unreviewable) discretion to take corrective action....more

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