In a recent decision by the U.S. Court of Appeals for the Federal Circuit (CAFC), System Studies & Simulation, Inc. v. U.S., No. 2021-1469 (Fed. Cir. Dec. 30, 2021), the CAFC issued an important decision holding that...more
With spring right around the corner and bid protest season about to heat up, we are back with another reminder about prejudice. The Federal Circuit recently weighed in about prejudice in System Studies & Simulation, Inc. v....more
Ringing out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive...more
As experienced protest counsel, we know (i) that you can pick lint off of any procurement; and (ii) because of that fact, a protester alleging error in the procurement process needs to show that the error was “prejudicial.”...more
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