Preparing for Post-Award Debriefings
As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...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
The U.S. Department of Defense (DOD) has just locked in its Enhanced Postaward Debriefing procedures, making it easier for contractors to understand the source selection and contract award process and make informed bid...more
Welcome back, readers! We hope that your 2022 is off to a great start. We’re starting this year off with some information about an important Federal Circuit case from late last year, which did not get the attention it should...more
No questions, no stay. The United States Court of Appeals for the Federal Circuit recently ruled on the interplay of debriefings and automatic stays. In NIKA Technologies v. United States, the Federal Circuit reversed a Court...more
Followers of this blog will know that debriefings and protests (and more precisely, a debriefing’s potential impact on protest filing deadlines) are a common topic here at GovConExaminer. That’s mostly because the interplay...more
The automatic stay of award is one of the key elements of a bid protest under the Competition in Contracting Act. The CICA stay is only available when a protest is filed no later than ten days after contract award or no later...more
Under 4 CFR § 21.2, disappointed offerors protesting the award of a contract must file their protest within “10 days after the basis of the protest is known or should have been known.” Notwithstanding the seemingly clear...more
By now, many contractors are familiar with Department of Defense (DoD) Enhanced Debriefings. For those of you who followed along with our series on common bid protest mistakes, you might even remember that these enhanced...more
One might forget these days that bid protests are still going on. But they are, and a recent Court of Federal Claims (COFC) case provides insight into the timeliness of protests for the purpose of obtaining a stay of contract...more