News & Analysis as of

COFC

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

September 2017 Bid Protest Roundup

This roundup of notable bid protest decisions issued in September 2017 highlights three decisions, two at the Government Accountability Office (GAO) and one at the Court of Federal Claims (COFC). The first reminds us of the...more

Protesting FAA Awards: Understanding the Nuances

by PilieroMazza PLLC on

Nearly every federal agency is required to follow the Federal Acquisition Regulation (“FAR”). However, one exception is the Federal Aviation Administration (“FAA”), which is not required to comply with the FAR but rather has...more

Stays of Contract Award and Performance (Pre-Award Protest Primer #6)

Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the scope of this primer,...more

June 2017 Protest Roundup

In June 2017, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued decisions covering a number of issues. We address the decisions below on the following issues of interest: (1)...more

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions. We address below decisions...more

Intervening in a Bid Protest: A Must in the Current Procurement Atmosphere

by Pepper Hamilton LLP on

Your company has been awarded a contract based on the work of your team to identify a federal business opportunity and create a winning proposal. But before you can start performing your contract, a protest is filed. What are...more

Anatomy of a Protest at the U.S. Court of Federal Claims

The next in our Infographics series shows the anatomy of a Protest at the U.S. Court of Federal Claims. Although protests at the Court are not subject to the same timeline as at the GAO, this infographic provides a...more

CBCA Affirms It Cannot Direct an Agency to Revise a CPAR

The Civilian Board of Contract Appeals (CBCA) recently affirmed that it would follow the Court of Federal Claims (COFC) and Armed Services Board of Contract Appeals (ASBCA) in refusing to direct an agency to revise a Contract...more

Significant Government Contract Litigation: A Year in Review

Last year provided a number of important claims and cases that further developed various aspects of litigation regarding the Contract Disputes Act (CDA). The major issues raised in some of the more notable claims include...more

Gov't Contractors and the Inter Partes Review Time-Bar

Originally published in Law360 - January 2017. When a patent owner sues the United States for patent infringement, a government contractor who provides products and services to the government related to those patents may...more

Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces New Differences Between...

by Bass, Berry & Sims PLC on

On December 8, 2016, the Senate passed the National Defense Authorization Act (NDAA) of 2017 previously passed by the House, and the legislation is pending President Obama’s signature. Once signed, Section 835 of the NDAA...more

Can a MAC Awardee Protest Another Contractor on the Same IDIQ?

by PilieroMazza PLLC on

While traditionally a bid protest involves a losing offeror challenging the award of a contract to another offeror, occasionally winning offerors on a multiple award contract (MAC) have sought to challenge the government’s...more

A Tale of Two Protests: Itemized SBA JV Agreements and Dependence on a Large Business Determination Not Upheld

by Davis Wright Tremaine LLP on

Recently, two Small Business cases that came out that are notable. Both protests affect Small Business Administration interpretation and application of affiliation rules. The first protest defeated a joint venture agreement...more

Government Contractors Beware: Trying to Fit A Square Peg into A Round Hole

by PilieroMazza PLLC on

What may be standard in the corporate world can severely disrupt set-aside status in the highly-regulated government contract space. Take the recently-decided case of Precise Systems. ...more

When Govt. Failure to Issue Final Decision on Certified Claim Is a Deemed Denial

A recent decision from the United States Court of Federal Claims (COFC) sets forth the standard for when the government’s failure to make a decision on a certified claim will be considered a deemed denial. In Rudolph and...more

"MassMutual Victory May Pave the Way for Earlier Deductions"

Earlier this month, Massachusetts Mutual Life Insurance Company (MassMutual), represented by Skadden, won a federal appeal permitting the company to deduct policyholder dividends in the year the dividends were declared, even...more

To File Or Not To File: Key Issues When Deciding To Protest

by DLA Piper on

Deciding whether to file a bid protest can be difficult. Many companies are understandably reluctant to fight with a customer over a lost contract, and the payoff for a successful protest is not necessarily a contract award....more

Court of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised...

Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned...more

Small Business Legislative and Regulatory Update

by PilieroMazza PLLC on

In this presentation: - GSA Schedule Contracts: Veterans First? - 2013 National Defense Authorization Act (“NDAA”): - NDAA Revisions To LOS - New Mentor Protégé Program - NDAA Impact On MP...more

SBA Regulation Invalidated by Court of Federal Claims: Nonmanufacturer Rule Applies to Supply Portions of Service Contracts

by PilieroMazza PLLC on

It has been the common understanding within the U.S. Small Business Administration (“SBA”), and the small business government contracting community as a whole, that the nonmanufacturer rule applies only to contracts for the...more

Protests: Timing Is of The Essence

by PilieroMazza PLLC on

Another federal government fiscal year end is quickly approaching and with it comes the usual uptick in spending, awards...and inevitable protests. If you are considering a protest, it is critical to understand the deadlines...more

Judicial Review of Government Contractor Suspensions

In recent years, the U.S. government has exercised enhanced scrutiny over federal contractors through, among other things, the increased use of its suspension and debarment remedies – fueled in part by reports of contractor...more

Five Cost/Price Evaluation Lessons From Recent Bid Protest Decisions

by Pepper Hamilton LLP on

Introduction - In this era of sequestration and decreased defense spending, paying close attention to cost and price issues is of paramount importance to contractors submitting proposals to the federal government. Nine...more

Non-Protestable Task Order Procurement Decision Shuts Out Incumbent Contractor

A recent decision by the U.S. Court of Federal Claims (“COFC”) serves as a reminder on the limits a contractor faces in protesting task and delivery order awards. In MORI Associates, Inc. v. United States, No. 13-671C (2013),...more

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