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Federal Procurement Systems Court of Federal Claims

Bradley Arant Boult Cummings LLP

The 5 Most Important Bid Protest Decisions Of 2023

In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – November 2023

Since the beginning of Fiscal Year 2024, the Government Accountability Office has published 35 decisions, but only two of which resulted in decisions sustaining the challenge. As contracting activities are busy awarding new...more

Jenner & Block

Client Alert: Government Contractors Obtain Relief in More than Half of GAO Bid Protests; Annual Statistics Skewed by CIO-SP4...

Jenner & Block on

Late last week, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2023. The statutorily mandated report contains an array of information about GAO’s bid protest...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest High Season Is Coming – A Reminder About the Need for Fast Decisions

The end of the Fiscal Year is upon us, which typically coincides with a flurry of procurement activity and then a wave of bid protests. As most of you know, there are three primary fora for bid protests: procuring agencies,...more

Miles & Stockbridge P.C.

Recent Court Ruling Already Reflected in GSA’s OASIS+ Solicitations

It is not any exaggeration to say that mentor-protégé joint ventures (MPJVs) have taken over the world of set-aside Government-Wide Acquisition Contracts (GWACs). For example, late last year it was reported that the initial...more

Stinson - Government Contracting Matters

The U.S. Court of Federal Claims Rules that the Defense Logistics Agency Must Buy from a Mandatory Source of Supply

The AbilityOne Program, established by the Javits-Wagner-O’Day (JWOD) Act in 1971, requires federal government agencies to procure certain products and services from community-based nonprofit agencies that employ individuals...more

Hogan Lovells

Highlights with Hogan Lovells: Bid Protest Digest | Volume II

Hogan Lovells on

This issue of bid protest highlights include decisions from the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC). These decisions emphasize important legal principles addressing (1) agency...more

PilieroMazza PLLC

Recovering Bid Preparation and Proposal Costs for Government Contractors: ARxIUM Provides Helpful Guidance

PilieroMazza PLLC on

Filing a bid protest and ultimately recovering bid preparation and proposal costs after winning may not be a primary concern for contractors as they pursue a new contract. However, a recent Court of Federal Claims decision...more

Venable LLP

Federal Circuit Clarifies Bid Protest Jurisdiction Over SBA Size Determinations

Venable LLP on

While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more

Husch Blackwell LLP

A Primer on Agency-Level Protests of Federal Procurements – Part I

Husch Blackwell LLP on

As most federal contractors are aware, unlike commercial contracts, federal contractors may challenge solicitation defects or contract award decisions made by the government through the bid protest process....more

WilmerHale

How Claims Court Ruling May Expand Bid Protest Avenues

WilmerHale on

The U.S. Court of Federal Claims' willingness to accept jurisdiction over what are ostensibly Other Transaction Authorities, or OTAs, surfaced again this month in Hydraulics International Inc. v. U.S., where the court found...more

Obermayer Rebmann Maxwell & Hippel LLP

Federal Circuit Affirms Blue & Gold Alive and Well, but that Timely Agency-Level Protests Might Change the Score

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

Bradley Arant Boult Cummings LLP

The 6 Most Important Bid Protest Decisions Of 2021

In 2021, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of note: • InfoPoint LLC • Medline...more

Dunlap Bennett & Ludwig PLLC

Bid Protests – Filing an Agency Level Protest

There are three forums that hear bid protests – the agency conducting the procurement, the U.S. Government Accountability Office (GAO), and the U.S. Court of Federal Claims (COFC). Click here for further information on where...more

Woods Rogers Vandeventer Black

In Split Decision, Federal Circuit Affirms Agency Exclusion of Proposals

In U.S. Government procurements, most solicitations specify that noncompliance with its terms and conditions may cause a proposal to be determined unacceptable or be deemed non-responsive and excluded from consideration. ...more

Woods Rogers Vandeventer Black

Timely Protest Following Required Debrief or Explanation Letter

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

Woods Rogers Vandeventer Black

Bid Protests On The Basis Of Cardinal Change: The Fine Line Between Solicitations And Contract Administration

The Government Accountability Office’s (“GAO”) Comptroller General and the U.S. Court of Federal Claims (“COFC”) regularly consider bid protests.  Bid protests are challenges to the terms of a solicitation or to the award of...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

Bass, Berry & Sims PLC

The Importance of Being Timely: Protester Waives Protest Ground by Unduly Delaying Protest

Bass, Berry & Sims PLC on

By failing to object to solicitation terms before the close of bidding, a protester typically waives those objections in a post-award bid before the Court of Federal Claims (COFC). An exception exists, however, where a...more

Obermayer Rebmann Maxwell & Hippel LLP

Don’t Wait - A Protest is Too Late - To Challenge or Correct Your Bad CPARS

Have you ever received a negative CPARS that you felt was unjustified? Did that negative CPARS cause you to lose other contract awards? That is what happened to the contractor-protester in Colonna Shipyard, Inc. v. U.S., a...more

Holland & Knight LLP

Court Rules Sole Source FSS Task Order Extension Permissible for Complex IT Project

Holland & Knight LLP on

A recent protest decision highlights a little-known sole source authority unique to GSA Schedule procurements that could benefit federal contractors and their agency customers working on complex information technology...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

Bass, Berry & Sims PLC

Tis the Season (for Protests)!

Bass, Berry & Sims PLC on

The government fiscal year runs from October 1 to September 30, and at the end of each fiscal year federal agencies rush to award contracts and commit funding before that funding expires. As a result, our Government Contracts...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

Holland & Knight LLP

2018 Bid Protest Year-In-Review: Strong Rates of Success at GAO Hold Steady, Number of Protests at the Court Spikes

Holland & Knight LLP on

Protesters remained active and fairly successful in their challenges to agencies' procurement actions at the Government Accountability Office (GAO) in 2018, while protests at the Court of Federal Claims spiked. According...more

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Updated: Dec 28, 2021:

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