The Procurement Integrity Act (“PIA”), codified at 41 U.S.C. § 2101–2107, is intended to prevent unethical and improper competitive practices from influencing federal procurements. To achieve this end, the PIA prohibits...more
The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest jurisdiction. ...more
WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more
Winning government contracts often comes down to who you have on your team. It should come as no surprise then that government agencies have placed increasing emphasis on key personnel as an evaluation factor in best value...more
In my previous post, I wrote about the basics of an agency-level protest. In this post, I will explore some of the main advantages and disadvantages of filing an agency-level protest. So, what are the benefits of filing an...more
Though we are not yet halfway through 2022, the COFC has issued two decisions that highlight divergent views from GAO precedent regarding the availability of key personnel and whether there is a presumption that an Agency...more
In a recent bid protest, A.T. Kearney Pub. Sector & Def. Servs., LLC v. United States,[1] the U.S. Court of Federal Claims (COFC) created a wrinkle in its precedent when it denied the protester’s motion for a preliminary...more
After filing and receiving a favorable decision in a bid protest, many protesters wonder what happens as a result of a successful protest. Specifically, protesters always want to know, if I am successful in my bid protest,...more
As we previously discussed in a 2019 blog post, since 2018 Bass, Berry & Sims Government Contracts and Litigation attorneys have successfully defended B&O JV in a host of challenges to an 8(a) small business set-aside award...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 its recent decision in Criterion Systems, Inc. v. U.S., , the U.S. Court of Federal Claims (COFC) denied protester’s pre-award protest challenging the Agency’s rejection of its late submission of a revised quote in...more
In its most recent attempt to strike the appropriate balance between the Veterans First and AbilityOne programs, the U.S. Department of Veterans Affairs (“VA”) issued on May 20, 2019 a class deviation to the VA Acquisition...more
In 2018, three particularly important decisions were issued that will have a significant impact on bid protest law for years to come: Dell Federal Systems LP v. United States, PDS Consultants Inc. v. United States, and Oracle...more
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
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
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
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