2024-2025 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Navigating Bid Protest Choices at GAO and COFC
DE Under 3: U.S. GAO Report on Military Spouse Employment Focused on Challenges of Part-Time Work
A Discussion with GAO General Counsel Edda Emmanuelli Perez
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
Federal contractors need to be proactive about detecting and neutralizing or mitigating Organizational Conflicts of Interest (OCI). The FAR’s OCI provisions (currently found at FAR Subpart 9.5) promote the fairness and...more
In Lockheed Martin Corporation, B-423294, May 2, 2025, Lockheed Martin protested the Air Force’s handling of potential organizational conflicts of interest (OCIs) in a procurement for Tactical Operations Center – Light...more
This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (“GAO”) decisions and one Court of Federal Claims (“COFC”) decision. From COFC jurisdiction and standing, to meaningful relationship...more
With another government fiscal year in the books, contractors may be anticipating the next season of bid protests. The Federal Circuit’s recent decision in Oak Grove Technologies v. United States offers a timely set of...more
This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission....more
Deloitte Consulting LLP - B-422094; B-422094.2 - • During the evaluation of the awardee’s quotation, the Department of Homeland Security identified a potential Organizational Conflict of Interest (“OCI”) with one of...more
On December 20, 2023, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing, among other things, that the procurement was tainted by an appearance of impropriety after the agency...more
Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the...more
In the right circumstances, an agency-level protest can be a quick and efficient way to address certain procurement errors, as we discussed a few years ago. One downside of agency‑level protests, however, is their potential...more
This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might...more
Last month, we began our three-part series on organizational conflicts of interests (“OCIs”) with an article discussing the different types of OCIs and how they can be mitigated. Now, in Part 2 of our series, we analyze how...more
This month’s Bid Protest Roundup covers two recent Government Accountability Office (GAO) decisions and a decision from the Court of Federal Claims. All involve defense procurements, but each offers a unique lesson for...more
If a company has one or more Organizational Conflicts of Interest (“OCIs”), its ability to compete for (or perform) a government contract in a fair and equitable manner is inherently called into question. In the context of a...more
In its recent decision in the Matter of: Steel Point Solutions, LLC, the GAO considered the concept of Organizational Conflicts of Interest (OCI). OCIs usually fall into one of three categories: “biased ground rules,”...more
This month’s Bid Protest Roundup (featured on Law360) examines three recent decisions by the U.S. Government Accountability Office (GAO) and the Court of Federal Claims (COFC). The first, Tridentis, LLC, highlights the...more
When an agency makes an award to the incumbent, the disappointed offerors often believe that the incumbent’s performance of the previous contract must have given it an impermissible leg up on the competition in the form of an...more
This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (GAO). The first, Sumaria Systems, Inc., evaluates whether an agency’s use of the highest...more
On September 24, 2020, the Government Accountability Office (GAO) sustained a protest brought by Teledyne Brown Engineering Inc. (Teledyne) against the $651.6 million National Aeronautics and Space Administration (NASA)...more
WHAT: The Government Accountability Office (GAO) sustained a protest filed by Teledyne Brown Engineering, Inc. (Teledyne) challenging the National Aeronautics and Space Administration's (NASA) award of a ground systems and...more
As we noted recently, the number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year, which ends September 30. Thus, our previous article provided a...more
This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers[i], examines potential conflicts of interest arising out of the...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
A common source of organizational conflicts of interest (OCI) is when a firm’s ability to render impartial advice to the government is or might be undermined by the firm’s competing interests. These OCIs, termed “impaired...more
This installment of our monthly bid protest Law360 spotlight examines three protest decisions released in September 2019. The first decision, ServeFed, Inc., B-417708, September 18, 2019, 2019 CPD ¶ ___, discusses the...more
Most corporate transactions go forward without protests. Several prominent protest decisions over the last few years, however, have drawn attention to the complicated and sometimes unpredictable effect corporate transactions...more