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Department of Defense (DOD) Bid Protests Debriefing

Holland & Knight LLP

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

Holland & Knight LLP on

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

Sheppard Mullin Richter & Hampton LLP

The Impact of DOD’s Enhanced Debriefings Rule on Bid Protest Timeliness

On March 18, 2022, the Department of Defense (“DOD”) issued its long-awaited Final Rule implementing Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (“NDAA FY 2018”), and formally codifying defense...more

Jenner & Block

DoD Issues Final Rule Implementing Enhanced Debriefing Requirement

Jenner & Block on

On March 18, 2022, the Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to mandate that DoD provide enhanced postaward debriefings to contractors. As we...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...

Five Peculiarities Of Protests Of Federal Supply Schedule Protests

The General Services Administration’s Federal Supply Schedule contracts are an efficient method for agencies across the Government to meet their needs for many commercially available supplies and services. For requirements...more

McCarter & English Blog: Government Contracts...

DoD Issues Proposed Rule On Enhanced Post-Award Debriefing Rights

As you may recall, Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA required the US Department of Defense (DoD) to draft regulations to establish comprehensive post-award debriefing...more

Woods Rogers

GAO Sustains Protest Due to Unreasonable Agency Evaluation

Woods Rogers on

The Government Accountability Office (“GAO”) recently sustained a protest in the matter of TekSynap Corporation for the agency’s failure to reasonably evaluate proposals.  While the decision is not a novel area of law, it...more

Morrison & Foerster LLP - Government...

February 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a...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

Bradley Arant Boult Cummings LLP

Fed. Circ. Ruling Guides On DOD Enhanced Debrief End Date

In NIKA Technologies v. U.S., the U.S. Court of Appeals for the Federal Circuit recently reversed the holding of the U.S. Court of Federal Claims regarding when the protest-filing clock starts running for a stay of contract...more

Husch Blackwell LLP

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

Husch Blackwell LLP on

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

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

Fox Rothschild LLP

Utilizing Enhanced Debriefing Procedures To Maximize GAO Bid Protest Effectiveness

Fox Rothschild LLP on

Contractors filed 2,071 bid protests at GAO in 2019– the lowest number in five years. One possible cause for the decline is the Department of Defense’s enhanced debriefing procedures. Enhanced debriefings mean that...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

Obermayer Rebmann Maxwell & Hippel LLP

Avoiding Common Bid Protest Mistakes, Part 4: Deconstructing Debriefings – What You Can/Can’t and Should Ask, and the Effect of...

To all our friends and readers out there, we hope you are surviving protest season! Our clients have had some big successes, and hopefully you have, too. In the spirit of the season, the Obermayer Government Contracting group...more

Pillsbury Winthrop Shaw Pittman LLP

DoD’s Enhanced Debriefings: GAO Provides Timeliness Guidance

In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations. Enhanced Debriefing rule does not alter GAO timeliness rules....more

Sheppard Mullin Richter & Hampton LLP

New Rules for Filing Protests at GAO and New DFARS Debriefing Requirements

GAO’s New Electronic Protest Docketing System - GAO finally has unveiled its long-awaited Electronic Protest Docketing System (“EPDS”). Effective May 1, 2018, all new protests (excluding those containing classified...more

Holland & Knight LLP

DoD Takes Steps to Implement Enhanced Debriefings As Required by NDAA

Holland & Knight LLP on

The Department of Defense has taken steps to implement a portion of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 (Pub. L. 115-91) enhancing postaward debriefing rights. Specifically, Shay Assad, Director...more

Jones Day

Enhanced Debriefing Rules in the NDAA Offer Protesters Several Practical Advantages

Jones Day on

The Situation: The 2018 National Defense Authorization Act requires that the Secretary of Defense implement new rules for enhanced debriefings for certain types of acquisitions. The Result: Once implemented, the enhanced...more

Pillsbury Winthrop Shaw Pittman LLP

Changes for Bid Protests in FY 2018 NDAA

For Department of Defense (DoD) acquisitions, the Conference Report for FY 2018 NDAA includes enhanced debriefing rights and pilot program for protester payment of Government costs for denied GAO bid protests. Enhanced DoD...more

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