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You’re a federal government contractor who just won a contract award. But, before you pop the champagne, there’s a hiccup: a competitor filed a bid protest challenging your award. “Oh, well,” you think, “the government can...more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more
Bid protests play a crucial role in the federal procurement process. Whether you’re submitting a proposal, filing a protest, or defending your contract award, bid protest rulings can influence not just your current contract...more
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
As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government...more
In a recent decision, the Government Accountability Office (GAO) found the General Services Administration (GSA) improperly awarded a lease to a firm whose proposal failed to comply with a material solicitation...more
The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC, B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose...more
Filing a bid protest and ultimately recovering bid preparation and proposal costs after winning may not be a primary concern for contractors as they pursue a new contract. However, a recent Court of Federal Claims decision...more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York”). For the next state in this ongoing series, we focus on the bid protest...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
New York state’s budget is the second largest in the country, and with it, New York has some of the most developed state acquisition laws and procedures in the country. Accordingly, New York provides comparatively robust bid...more
Pre-award protests can be tricky. The U.S. Government Accountability Office (“GAO”) has jurisdiction to hear timely bid protests by interested parties regarding violations of procurement law or regulation. Under GAO rules, a...more
Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available...more
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