News & Analysis as of

Competition Bid Protests

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

Morrison & Foerster LLP - Government...

November 2023 Bid Protest Roundup

This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more

Pillsbury Winthrop Shaw Pittman LLP

Government Accountability Office Publishes Fiscal Year 2023 Bid Protest Statistics

Impacted by an acquisition where an unusually high number of protests were filed and sustained, the GAO’s sustain and effectiveness rates increased to 31 and 57 percent, respectively. The number of filed Government...more

Wiley Rein LLP

[Webinar] The OASIS+ Procurement - July 27th, 12:00 pm - 1:00 pm EDT

Wiley Rein LLP on

Later this month, John and Craig will host a webinar diving deeper into the OASIS+ competition, including: - Significant solicitation provisions addressing size status, teaming structures, experience, and pricing; - How...more

Lewis Roca

GAO Sustains Protest Where Awardee's Proposal Misrepresented Availability of Key Person

Lewis Roca on

The Government Accountability Office recently returned to the subject of the unavailability of key personnel listed in contract proposals. ASRC Federal Data Solutions, B-421008, December 2, 2022, 2022 CPD ¶ 294, is a bid...more

Jenner & Block

Government Contracts Legal Round-Up - December 2022 Issue 23

Jenner & Block on

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

Wiley Rein LLP

New ‘Advisory Down Select’ Evaluation Approach Alters Contractors’ Protest Calculus

Wiley Rein LLP on

We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing...more

Stinson - Government Contracting Matters

When Selecting Protest Grounds, Don’t Forget the Prejudice

Sometimes the most basic rules can be the easiest to forget. One case in point relates to the key role of competitive prejudice in successful protests. No matter how often contractors hear it, this reality bears repeating,...more

Stinson - Government Contracting Matters

GAO Considers Reconsideration

It’s not unusual for defeated protesters to feel as though the explanation for their defeat short changes their arguments. Indeed, this might be the case for every defeated protester (or intervenor, or agency)....more

Obermayer Rebmann Maxwell & Hippel LLP

GAO Sustains a Protest of an Out-Of-Scope Contract Modification

Many government contractors do not know that they can protest a modification of a contract that was awarded to a competitor if that modification is materially beyond the scope of the original contract. It’s true: where a...more

Holland & Knight LLP

Court Rules Sole Source FSS Task Order Extension Permissible for Complex IT Project

Holland & Knight LLP on

A recent protest decision highlights a little-known sole source authority unique to GSA Schedule procurements that could benefit federal contractors and their agency customers working on complex information technology...more

Sheppard Mullin Richter & Hampton LLP

What Does 2013 Have In Store for Government Contractors and Their Lawyers?

Originally published in the San Diego Business Journal on January 21-27. It has been noted, the more things change, the more they stay the same. In the world of Government Contracts Law, however, the more things change,...more

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