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Bass, Berry & Sims PLC

Bid Protest Minute: Bidders Beware – Clearly Stated Solicitation Requirements Control

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On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture, who challenged its exclusion from consideration for award on the basis that it was able to use...more

PilieroMazza PLLC

Should You Protest? Takeaways for Government Contractors from GAO’s 2024 Bid Protest Annual Report

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The Government Accountability Office (GAO) recently released its 2024 Bid Protest Annual Report (Report), providing statistics on protests, cost claims, and requests for reconsideration at GAO this year. In this blog,...more

Sheppard Mullin Richter & Hampton LLP

Government Contractors Beware: The Trap of the Unintended Agency-Level Protest and Timeliness Implications

One forum to raise a protest against the award of a contract is at the agency responsible for the procurement, pursuant to the procedures set forth in Federal Acquisition Regulation (“FAR”) 33.103. The procedures require that...more

Womble Bond Dickinson

The Company You Keep: FCA Investigations of 8(a) Program Contractors

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Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 12

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Claims Updates - Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) - Associated Energy Group, LLC (AEG) challenged the award by Defense Logistics Agency (DLA) for a...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 11

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Claims Update - Peraton, Inc. v. United States, No. 23-1539 Fed. Cl. (May 10, 2024) - The Court of Federal Claims rejected the government’s motion to dismiss a contractor’s claims alleging breach of an end-user software...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 10

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Federal Circuit Docket - Percipient.ai, Inc. v. United States, Fed. Cir. No. 2023-1970 (Jun. 7, 2024) - In a highly anticipated bid protest opinion, a divided merits panel of Federal Circuit judges reversed the Court of...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 7

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Claims Updates - Yerington Paiute Tribe v. Department of the Interior, CBCA 7818-ISDA (February 1, 2024) The Civilian Board of Contract Appeals affirmed that the Contract Dispute Act’s (CDA) 90-day timeliness deadline...more

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

Venable LLP

November 2023 Government Contracts Roundup

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As the 2023 calendar year comes to a close, there are a number of important legal, regulatory, and other updates relevant to the government contracts industry. This digest provides an overview of the government's annual bid...more

Jenner & Block

Government Contracts Legal Round-Up | September 2023 Issue 18

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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

PilieroMazza PLLC

PilieroMazza Bid Protest Victories Help Contractors Address Key Procurement Challenges

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As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government...more

Bass, Berry & Sims PLC

Department of Defense Issues First Update Since 2018 to Other Transactions Guide

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On July 8, the Department of Defense (DoD) Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD (A&S)) announced its first update to the Other Transactions (OT) Guide since November 2018. The DoD OT...more

PilieroMazza PLLC

GAO Sustains Protest Finding Agency’s Failure to Engage in Meaningful Discussions Was Not Cured During Re-Evaluation   

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The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC, B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose...more

Hogan Lovells

Highlights with Hogan Lovells: Bid Protest Digest | Volume II

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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

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 11

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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

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 10

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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

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – January 2022

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LABOR & EMPLOYMENT - Government Contractors to Register for Affirmative Action Program Compliance Certification Beginning February 1, 2022 - In December 2021, the Office of Federal Contract Compliance Programs (OFCCP)...more

Stinson - Government Contracting Matters

Don’t Wait Too Long to Bring Your Protest or You’ll Miss Your Opportunity!

Pre-award protests can be tricky. The U.S. Government Accountability Office (“GAO”) has jurisdiction to hear timely bid protests by interested parties regarding violations of procurement law or regulation. Under GAO rules, a...more

Woods Rogers

Agency Requirement that Past Performance Occur at Specific Contracting Tier Found Unduly Restrictive

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Procuring agencies have wide latitude in developing requirements for their solicitations.  When provisions are challenged, the U.S. Government Accountability Office (“GAO”) merely evaluates whether the agency’s justification...more

Woods Rogers

Timely Protest Following Required Debrief or Explanation Letter

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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

Wiley Rein LLP

Lack of Prejudice Will Sink Even a 'Meritorious' Protest

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As experienced protest counsel, we know (i) that you can pick lint off of any procurement; and (ii) because of that fact, a protester alleging error in the procurement process needs to show that the error was “prejudicial.”...more

PilieroMazza PLLC

5 Things to Know When Protesting an Award

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The end-of-fiscal-year spending spike has federal agencies issuing more notices of award, leaving many disappointed offerors keen to file protests. Post-award protests are subject to strict timelines, so you need a plan if...more

Stinson - Government Contracting Matters

Don’t Rely on a Procuring Agency to Track Down Past Performance Questionnaires

Given how much emphasis federal procurement law properly places on fairness, it can be easy to assume that government buyers must do everything necessary to ensure a fair procurement....more

Pillsbury Winthrop Shaw Pittman LLP

GAO Highlights Responsibility Exception to “Late Is Late” Rule

Recent GAO protest decision highlights the case law-derived exception to the “late is late” rule for responsibility-related proposal documents. The FAR “late is late” rule requires rejection of untimely filed proposal...more

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