2022 Veterans Day Tribute
Veterans Day Tribute
Celebrating Veterans’ Advocacy with Ashley Gorbulja-Maldonado, Public Affairs Specialist at the U.S. Department of Veterans Affairs: On Record PR
On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely. GAO reasoned that its strict timeliness...more
GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement. Specifically, Marathon reinforces a...more
Sanford Federal, Inc., the selected awardee for a U.S. Department of Veterans Affairs (the VA) contract, learned the hard way that a contractor simply cannot ignore a size protest, regardless of its actual merit....more
This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit and two decisions from the U.S. Government Accountability Office (GAO)....more
GOVERNMENT CONTRACTS - Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program - On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where...more
This month's bid protest spotlight considers two recent protests. J.E. McAmis Inc. v. U.S. is an important decision by the U.S. Court of Federal Claims concerning the court's lack of authority to review the U.S. Small...more
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
Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more
This month’s Bid Protest Roundup covers three recent U.S. Government Accountability Office (GAO) decisions: a challenge to an agency’s decision to take corrective action, a protest that an agency unfairly ignored a proposal...more
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
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
June 2021 marked the five-year anniversary of the Supreme Court’s Kingdomware decision[1], which is best known for broadly interpreting the so-called “Rule of Two” requirement flowing from the Veterans Benefits, Health Care,...more
This month’s Law360 Bid Protest Roundup starts on a promising note as courts begin opening their doors after months of restricted access due to the COVID-19 pandemic. This Roundup covers decisions addressing the Blue and...more
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
The Federal Circuit issued just one precedential opinion last week. But it’s an interesting one: The Court exercised its discretion to reach (or rather, avoid) a constitutional issue not pressed or passed upon by the trial...more
Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more
This installment of our monthly Law360 bid protest spotlight examines three protest decisions from three different forums: one from the Government Accountability Office (GAO), one from the U.S. Court of Appeals for the...more
Just as in golf swings, your follow-through in Government Accountability Office (GAO) protests can mean the difference between success and failure. And if you don’t have a solid argument to bolster your protest grounds, you...more
While the global pandemic may still have still have much of the country on hold, this month’s installment of our monthly Law360 bid protest roundup makes clear that the Federal Courts are business as usual, with three...more
This will be the final installment of our series on the most common protest mistakes. So far, we have covered pre- vs. post-award protests, the impact of required debriefings on protest deadlines, competitive range protests,...more
Veteran-Owned Business Priority - In 2016, the U.S. Supreme Court surprised many by hearing a bid protest concerning the application of the "Rule of Two" for veteran-owned small businesses in procurements run by the U.S....more
In addition to standing behind the plain language of the definition of a “US-made end product,” the court in Acetris Health, LLC v. United States provided new guidance regarding limits on Customs and Border Protection...more
When an agency announces its intent to take corrective action in response to a protest, it’s easy for the protester to feel that it has “won”—and to some extent it has. At the very least, its protest has prompted the agency...more
On Monday, in the much-anticipated decision in Acetris Health, LLC v. U.S. 18-2399, the Court of Appeals for the Federal Circuit (the “Federal Circuit”) ruled that U.S. manufacture of a drug is sufficient to confer U.S....more
It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company,...more