News & Analysis as of

Federal Supply Schedule (FSS) Bid Protests

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – February 2024

In February 2024, the Government Accountability Office (“GAO”) published 26 decisions, five of which were sustained. There was also one denial of costs and one denied request for reconsideration. Below is a summary of...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – December 2023

Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. As we...more

Morrison & Foerster LLP - Government...

GAO Finds Company's BPA Bid Remains Eligible For Award Despite A Transaction, Recertification, And Change In Size Status In...

Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the...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

Morrison & Foerster LLP - Government...

December 2022 Bid Protest Roundup: Misrepresentations Of Key Personnel, Mandatory-Source Saga Continued

This month’s Bid Protest Roundup considers two recent protests: (1) an important decision by the U.S. Government Accountability Office (GAO) concerning the awardee’s misrepresentation of the availability of key personnel, and...more

Jenner & Block

Government Contracts Legal Round-Up - January 2023 Issue 1

Jenner & Block on

Preventing Organizational Conflict of Interest Federal Acquisition Act, P.L. No 117-324 (January 3, 2023) The FAR 9.5 OCI provisions have been out-of-step with practice for well over a decade. Government and private...more

Morrison & Foerster LLP - Government...

July 2022 Bid Protest Roundup: Standing, Delivery Orders, Conflicts

This month’s bid protest round up focuses on three recent decisions from the U.S. Court of Federal Claims and the Government Accountability Office (GAO). These decisions involve (1) standing at the Court where protest...more

Dunlap Bennett & Ludwig PLLC

Differences Between Labor Categories In An Offeror’s Proposal and Solicitation Requirements

An interesting problem arose in a procurement for the acquisition of audit support services. The solicitation stated that an offeror’s Federal Supply Schedule (FSS) Contract Labor Categories (LCATs) must “align precisely”...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 8

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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

Lewis Roca

Departure of Winning Bidder’s Key Person During Source Selection Requires Reevaluation of Award

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What happens when a key person for a contractor resigns while a procurement is still pending? A recent protest decision by the Government Accountability Office, Ashlin Management Group, B-419472.3, Nov. 4, 2021, 2021 CPD ¶...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

Morrison & Foerster LLP - Government...

April 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight examines three protest decisions addressing (1) mismatches between proposed labor categories and the scope of a vendor’s underlying General Services Administration...more

Holland & Knight LLP

February 2020 Small Business Roundup

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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

Morrison & Foerster LLP - Government...

January 2020 Bid Protest Roundup

This installment of our monthly Law360 bid protest bid protest spotlight examines three protest decisions addressing challenges to contractor performance assessment reports (“CPARs”), procurements through the General Services...more

Holland & Knight LLP

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

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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

Morrison & Foerster LLP - Government...

2017 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2017. The...more

Morrison & Foerster LLP - Government...

September 2017 Bid Protest Roundup

This roundup of notable bid protest decisions issued in September 2017 highlights three decisions, two at the Government Accountability Office (GAO) and one at the Court of Federal Claims (COFC). The first reminds us of the...more

Morrison & Foerster LLP - Government...

June 2017 Protest Roundup

In June 2017, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued decisions covering a number of issues. We address the decisions below on the following issues of interest: (1)...more

Pillsbury Winthrop Shaw Pittman LLP

Differing GAO Task Order Protest Thresholds

On December 23, 2017, President Obama signed the 2017 National Defense Authorization Act (NDAA), which contains changes to the Government Accountability Office’s (GAO) jurisdiction over contractor bid protests of task order...more

Bass, Berry & Sims PLC

Legislation Restores GAO Civilian Task Order Protest Jurisdiction (for Good this Time?), But Introduces New Differences Between...

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On December 8, 2016, the Senate passed the National Defense Authorization Act (NDAA) of 2017 previously passed by the House, and the legislation is pending President Obama’s signature. Once signed, Section 835 of the NDAA...more

Smith Anderson

Supreme Court Requires Many More VOSB Set-Asides

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On June 16, 2016, the United States Supreme Court ruled that the Department of Veterans Affairs (VA) must apply the “Rule of Two” in all contracting decisions in Kingdomware Technologies, Inc. v. United States, 136 S.Ct. 1969...more

Sheppard Mullin Richter & Hampton LLP

Understanding the Scope of Federal Supply Schedule Labor Category Descriptions: Risks and Opportunities Presented by the GAO’s...

In a Federal Supply Schedule (“FSS”) procurement conducted under FAR Subpart 8.4, all items quoted and ordered by the agency are required to be available on the vendor’s schedule contract as a precondition to its receiving...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court to Hear VA Procurement Controversy This Fall

In a matter of keen interest to the small business community, last month the Supreme Court, granted certiorari in Kingdomware Technologies, Inc. v. United States. The Court’s decision will hopefully bring some closure to the...more

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