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Department of Defense (DOD) Bid Protests Court of Federal Claims

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 8

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Claims Update - CLogic LLC v. United States, No. 23-6 L, Fed. Cl. (March 21, 2024) The Court of Federal Claims issued what appears to be its first opinion involving a performance dispute under a DoD prototype Other...more

Bass, Berry & Sims PLC

Bid Protest Minute: GAO’s Task Order Jurisdiction

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On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider...more

Holland & Knight LLP

End of Fiscal Year Awards: Know Your Debriefing and Protest Procedures, Deadlines

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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

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - February 2023

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In January, the OMB implemented the following new policies designed to strengthen the federal contracting system. On January 10, 2023, the OMB issued a memorandum on the subject of Strengthening Support for Federal...more

Bradley Arant Boult Cummings LLP

Inside The GAO's Annual Bid Protest Report

The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1. This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more...more

Bradley Arant Boult Cummings LLP

Takeaways from GAO’s FY 2022 Bid Protest Report

The Government Accountability Office (GAO) recently issued its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form...more

Morrison & Foerster LLP - Government...

Another Piece To The Puzzle: Court Of Federal Claims Has Jurisdiction Over Bid Protest Where The Disputed Other Transaction Could...

There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported, cases such as SpaceX, MD Helicopter, and Kinemetrics have provided useful data points. The...more

Morrison & Foerster LLP - Government...

June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo

This month’s bid protest roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (“Court”). ...more

WilmerHale

How Claims Court Ruling May Alter High-Dollar Procurements

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For the second time in recent weeks, the Court of Federal Claims issued a ruling that broke from U.S. Government Accountability Office precedent. In IAP Worldwide Services Inc. v. U.S., Judge Matthew H. Solomson faulted the...more

Fox Rothschild LLP

How To Use DOD’s New Enhanced Postaward Debriefing Rights for Stronger Bid Protests

Fox Rothschild LLP on

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

Morrison & Foerster LLP - Government...

July 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Law360 Bid Protest Roundup examines three recent decisions from the U.S. Court of Federal Claims. The first two cases highlight splits between the court and the Government Accountability Office related to...more

Husch Blackwell LLP

The Army’s Newest $21 Billion Contract Is Not Your Typical Government Contract

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Last week the Army awarded Microsoft the Integrated Visual Augmentation System (IVAS) contract, a potentially $21 billion undertaking by the Army to develop next-generation night vision and “situational awareness...more

McGuireWoods LLP

Ask Those Questions: Federal Circuit Highlights Required Step for GAO Protesters Seeking Relaxed Automatic Stay Deadline in DOD...

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Disappointed government contractors and their legal counsel weigh the benefits of filing bid protests at the Government Accountability Office (GAO) versus the Court of Federal Claims (COFC). One of the key benefits to filing...more

Obermayer Rebmann Maxwell & Hippel LLP

NIKA Overturned! The Federal Circuit Takes a Different View on Enhanced Debriefings

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

Morrison & Foerster LLP - Government...

Stays Of Performance During A Gao Bid Protest: Federal Circuit Says That Five Days After The Debriefing Date Means Five Days After...

The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States, reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract...more

Husch Blackwell LLP

When Must You Protest To Get An Automatic Stay After An Enhanced Debriefing?

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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

McCarter & English Blog: Government Contracts...

Dear Magic 8-Ball—Should I Protest? Critical Protest Implications Following The Federal Circuit’s Expansion Of Blue & Gold’s...

Relying upon the cryptic answers provided by a Magic 8-Ball when deciding to file a protest at the United States Court of Federal Claims (COFC) may sound farcical, but a recent decision by a split panel of the United States...more

Obermayer Rebmann Maxwell & Hippel LLP

DoD Enhanced Debriefing and the Automatic Stay: NIKA Offers Some Clarity but Leaves Open Questions

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

Bradley Arant Boult Cummings LLP

When Does an Enhanced Debriefing Close? A Recent Court Decision Explains

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

PilieroMazza PLLC

JEDI Protest Saga Continues: Amazon Protests Microsoft's Award in Court of Federal Claims

PilieroMazza PLLC on

On November 8, 2019, Amazon filed a bid protest pre-filing notice with the Court of Federal Claims (“COFC”) indicating its intent to protest the Department of Defense’s (“DoD”) award of the Joint Enterprise Defense...more

Holland & Knight LLP

Annual GAO Report Says Bid Protest Activity Down in 2019, but Protestor "Effectiveness Rate" Remains Steady

Holland & Knight LLP on

On November 5, 2019, the U.S. Government Accountability Office (GAO) issued its annual Bid Protest Report to Congress for Fiscal Year 2019.  The annual report is a requirement of the Competition in Contracting Act and is an...more

PilieroMazza PLLC

Court of Federal Claims Denies Oracle Protest of JEDI Contract: Is This It For Oracle?

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The Department of Defense (“DoD”) first released the Joint Enterprise Defense Infrastructure (“JEDI”) cloud contract on July 26, 2018. One main purpose of the JEDI contract, as listed in the DoD’s published “Determination and...more

Miles & Stockbridge P.C.

Section 809 Panel Recommends Sweeping Changes to Bid Protests

On January 15, 2019, the Section 809 Panel released the third and final volume of its report to Congress recommending changes to the defense procurement system. The latest volume makes the Panel’s most sweeping...more

Akin Gump Strauss Hauer & Feld LLP

Three October Bid Protest Decisions That May Affect Your Business

• First, an awardee is responsible for keeping tabs on what happens in a protest of its award, or it may not be able to submit its own challenge if the protest is sustained. • Second, mere compliance with cybersecurity...more

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