You’re a federal government contractor who just won a contract award. But, before you pop the champagne, there’s a hiccup: a competitor filed a bid protest challenging your award. “Oh, well,” you think, “the government can...more
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more
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
Last month, the Missouri Office of Administration (OA) posted notices to the MissouriBUYS website and OA’s bid document portal announcing that the agency will be restricting public access to bid documents to avoid running...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
On March 18, 2022, the Department of Defense (DoD) issued a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to mandate that DoD provide enhanced postaward debriefings to contractors. As we...more
Assuming you have filed a timely bid protest that meets the various procedural requirements at one of the three bid protest forums – the procuring agency, the U.S. Government Accountability Office (GAO), and the U.S. Court of...more
After filing and receiving a favorable decision in a bid protest, many protesters wonder what happens as a result of a successful protest. Specifically, protesters always want to know, if I am successful in my bid protest,...more
This webinar is part of the 13th Annual Selecting Project Delivery Methods & Bidding Public Construction Contracts Webinar Series. Bricker attorneys Ben Hyden and Allie Parriman will discuss how to evaluate and document bid...more
In order to bring an action in any United States tribunal, a party must have “standing.” “The doctrine [of standing] limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a...more
New York state’s budget is the second largest in the country, and with it, New York has some of the most developed state acquisition laws and procedures in the country. Accordingly, New York provides comparatively robust bid...more
The Florida Division of Administrative Hearings (DOAH) recently issued a bid protest decision on an important procedural issue. In Cross Constr. Servs., Inc. v. Dep’t of Transp., No. 20-4214BID, 2020 WL 7425244 (Fla. Div....more
Florida’s First District Court of Appeals recently held in State of Fla., Agency for Health Care Administration v. Best Care Assurance, LLC, 302 So. 3d 1012 (Fla. 1st DCA 2020) (“Best Care”), that a contractor who had been...more
Just as in golf swings, your follow-through in Government Accountability Office (GAO) protests can mean the difference between success and failure. And if you don’t have a solid argument to bolster your protest grounds, you...more
Government contractors should consider all contract performance vitally important because they can’t always control which past performance is considered by agency evaluators. ...more
Last month we reported on the Department of Defense’s (DoD’s) issuance of Version 0.6 of its draft Cybersecurity Maturity Model Certification (CMMC) standard. That draft included DoD updates and revisions to CMMC’s domains,...more
It’s not unusual for defeated protesters to feel as though the explanation for their defeat short changes their arguments. Indeed, this might be the case for every defeated protester (or intervenor, or agency)....more
In the early hours of July 1, 2008, a comprehensive, multi-faceted piece of legislation was agreed upon in Albany between legislative leaders and our "accidental governor," David Paterson (i.e. elevated to the position as a...more