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Construction Contracts Bid Protests

Fox Rothschild LLP

NJ Supreme Court Ruling Provides Public Agencies With Broad Discretion in Bidding Process

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The New Jersey Supreme Court recently issued an important opinion providing clear guidance for companies seeking to do business with the state of New Jersey, that in public works projects, bid documents must be in full...more

Bradley Arant Boult Cummings LLP

Bid Protests in Hawaii

The state of Hawaii provides a detailed statutory framework for protesting state procurements to ensure fairness, accountability, and transparency in the government contracting process. This article outlines the essential...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

This month’s bid protest spotlight features a trifecta of decisions from the U.S. Court of Federal Claims. In MVL USA Inc. v. United States, a consolidated bid protest involving seven protesters, the Court rejected...more

Carr Maloney P.C.

Construction Bonds: What They Are and Why They Matter

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Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more

Bradley Arant Boult Cummings LLP

Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents,...

Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness...more

Gordon Rees Scully Mansukhani

May 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

Bass, Berry & Sims PLC

Bid Protest Minute: Insufficient Funds are Grounds to Cancel

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On April 29, the Government Accountability Office (GAO) denied Davenergy-VCI JV, LLC’s protest of a solicitation’s cancellation, holding that the lack of available funding is sufficient grounds to cancel. In denying the...more

Pillsbury - Bid Protest Debrief

No Funding, No Award: GAO Upholds Corps’ Late-Stage Solicitation Cancellation

In Davenergy-VCI JV, LLC, B-423332, April 29, 2025​, Davenergy-VCI protested the cancellation by the Army Corps of Engineers (Corps) of a solicitation for architectural engineering construction management services for medical...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Protect your Rights on a USACE Dredging Project - March 19th, 12:00 pm - 1:00 pm ET

Join Cohen Seglias Government Contracting attorneys Michael Payne, Casey McKinnon and Steve Tobin for an in-depth discussion on how to protect your rights on dredging projects with the U.S. Army Corps of Engineers (USACE)....more

Bond Schoeneck & King PLLC

General Municipal Law 103(16) and Cooperative Purchasing Agreements for “Public Work Projects”

This information memo is intended to provide an update on an area of law that affects many of our municipal and school district clients....more

Hinckley Allen

Court Defines Limits of Piggybacking Under New York’s Competitive Bidding Laws

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New York’s competitive bidding laws are designed to ensure transparency, fairness, and cost efficiency in public contracting. However, municipalities and school districts often seek ways to streamline the procurement...more

Bradley Arant Boult Cummings LLP

New Jersey Appellate Court Rejects Bid Protest: Archeologist Not Required to Be Registered under Public Works Contractor...

We recently blogged about New Jersey’s bid protest requirements for procurements solicited under the New Jersey Division of Purchase and Property (DPP) here. As we noted, public procurements by local governmental authorities...more

Cohen Seglias Pallas Greenhall & Furman PC

Court Rules that PLAs Violate the Competition in Contracting Act

Project Labor Agreements (PLAs) have been controversial in the construction industry. On January 21, 2025, the United States Court of Federal Claims issued a ruling in MVL USA, Inc. et al. v. The United States that found that...more

Bradley Arant Boult Cummings LLP

Bid Protests in Massachusetts

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see our posts on “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid...more

Buchalter

Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

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In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., under Contract No. W912GB-13-C-0011....more

Jenner & Block

Government Contracts Legal Round-Up | 2023 Issue 22

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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

Bradley Arant Boult Cummings LLP

The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a...

Contractors know when they bid a public job that it’s the lowest and best bidder that will ultimately come out on top. Contractors and public bodies also know that when a public body rejects the lowest bid, it needs to...more

Jenner & Block

Government Contracts Legal Round-Up - June 2023 Issue 12

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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

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Ostensible Subcontractor Rule ‎

On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more

Womble Bond Dickinson

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

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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

Bass, Berry & Sims PLC

Selling Assets During a Protest?  Careful You Don’t Jump the Shark

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In the past, we have cautioned readers about the potential impact of transactions on pending awards, particularly on the ability of a contractor to protest. A recent decision from the Court of Federal Claims (COFC) shows that...more

Bricker Graydon LLP

[Webinar] Construction Webinar Series: Evaluating & Documenting the Bid Process, Bidder Protests and Litigation - May 27th, 12:00...

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This webinar is part of the 13th Annual Selecting Project Delivery Methods & Bidding Public Construction Contracts Webinar Series. Bricker attorneys Ben Hyden and Allie Parriman will discuss how to evaluate and document bid...more

Wiley Rein LLP

National Defense Authorization Act for Fiscal Year 2021 Includes Numerous Provisions Impacting Government Contractors

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The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. No. 116-283) was enacted into law on January 1, 2021, when the Senate voted to override President Trump’s veto of the bill. The Senate’s move,...more

Bradley Arant Boult Cummings LLP

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn “NIKA Technologies”

A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of  Defense’s (DOD)...more

Shutts & Bowen LLP

Apparently, You Can’t Have “Too Much” Competition: Florida’s First District Court of Appeals Holds “Multiple Award Procurement”...

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Florida’s First District Court of Appeals recently held in State of Fla., Agency for Health Care Administration v. Best Care Assurance, LLC, 302 So. 3d 1012 (Fla. 1st DCA 2020) (“Best Care”), that a contractor who had been...more

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