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
The Mission Essential Group, LLC (MEG) protested the scope of corrective action by U.S. Special Operations Command (SOCOM) following a previous protest involving a linguist support services procurement. In The Mission...more
The number of protests filed at the Government Accountability Office (GAO) decreased in FY 2024 by 11 percent, after increasing 22 percent in FY 2023. The GAO’s sustain rate of 16 percent in FY 2024 fell from 31 percent...more
On November 18, the Government Accountability Office ("GAO") released its much-anticipated Bid Protest Annual Report to Congress for Fiscal Year 2024, which was submitted to Congress on November 14. GAO's annual report is...more
“What are my chances?” This is the most common question clients ask when considering whether to protest. GAO’s Annual Report to Congress shows that the “effectiveness” rate of protests is over 50 percent and continues to...more
The U.S. Court of Federal Claims (COFC) orders an agency to reinstate a contract award, finding the Government Accountability Office’s (GAO) corrective action recommendation to be without a rational basis. COFC found that...more
In a previous article, we analyzed what made protests successful at the Government Accountability Office (“GAO”) in Fiscal Year 2023 (“FY23”). Now, we want to share some insights we gained while conducting the same analysis...more
Last week, the Government Accountability Office (“GAO”) released its Bid Protest Annual Report to Congress for FY 2023. The Annual Report reflects that GAO had a record-breaking year of protest activity. We note, however,...more
This month’s bid protest roundup focuses on two decisions from the U.S. Court of Federal Claims (“Court”) and one decision from the U.S. Government Accountability Office (“GAO”). These decisions involve (1) the Court’s...more
If you’ve been following the saga of the National Institutes of Health Information Technology Acquisition and Assessment Center’s (NITAAC) Chief Information Officer-Solutions and Partners (CIO-SP4) procurement, you likely...more
In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the Government Accountability Office (GAO). Thereafter, two of the original protestors, Kupono...more
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
Report on Research Compliance Volume 20, Number 3. February 23, 2023 - The Office of Management and Budget (OMB) is planning to revise the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for...more
The Government Accountability Office (GAO) recently issued its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form...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
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
Virtually every year, the Government Accountability Office’s (GAO’s) Bid Protest Annual Report includes “flawed technical evaluations” as one of the top five most common grounds for successful protests. Simply stated, this...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
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
The Situation: Challenges to the scope of an agency's corrective action are notoriously hard to win at the U.S. Government Accountability Office ("GAO") because of the high level of deference normally afforded to agencies in...more
About a third of U.S. Government Accountability Office (“GAO”) protests end because an agency decides to take voluntary corrective action. (This is evidenced by the ~30 percent difference between GAO’s “Sustain” rate and...more
Contractors whose protests result in the challenged agency’s taking corrective action may attempt to recover their protest costs, particularly when they feel that the corrective action was unduly delayed....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
Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government...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