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Regulatory Requirements Government Accountability Office Bid Protests

Pillsbury - Bid Protest Debrief

Disqualified for Using a Company Logo? GAO Reminds Contractors That Formatting Rules Matter

In FI Consulting, Inc., B-423274 (April 11, 2025​), FI Consulting, Inc. (FIC) protested its elimination from a procurement for U.S. Department of Agriculture (USDA) program support services after the agency rejected its...more

Morrison & Foerster LLP - Government...

Bid Protest Roundup: Past Performance, Preliminary Injunctions, and Novel Regulatory Requirements

This month’s Bid Protest Roundup highlights two Court of Federal Claim decisions, addressing past performance and injunctive relief, and one by the U.S. Government Accountability Office (“GAO”), clarifying the applicability...more

McCarter & English Blog: Government Contracts...

What Happens When Uncle Sam Doesn’t Understand SAM? The Case of the Lucky Protester . . .

On January 8, 2025, in UNICA-BPA JV, LLC, the U.S. Government Accountability Office (GAO) sustained a protester’s challenge to its elimination from the competition for failing to have an active System for Award Management...more

Bradley Arant Boult Cummings LLP

GAO Sustains Protest Challenging Decision to Convert Competitive Bid Solicitation to Negotiated Procurement

In January 2023, the U.S. Army Corps of Engineers (USACE) issued an invitation for bids (IFB) for a dune and berm replenishment and renovation project along the New Jersey coast. The USACE received two sealed bids for the...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

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – January 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. There were also two requests for costs, one of which...more

Sheppard Mullin Richter & Hampton LLP

What Makes a Successful Protest at the Court of Federal Claims

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

Bass, Berry & Sims PLC

Bid Protest Minute: The High Bar to Proving Contract Officer Bias

Bass, Berry & Sims PLC on

On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and...more

Bass, Berry & Sims PLC

Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice

Bass, Berry & Sims PLC on

On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation...more

Stinson - Government Contracting Matters

How Soon Is Soon Enough for Corrective Action to Preclude Recovery of Protest Costs?

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

Stinson - Government Contracting Matters

Hope Is Not a Strategy: Protest Shortcomings of Corrective Action as Soon as You See Them

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

Stinson - Government Contracting Matters

GAO Considers Reconsideration

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

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