Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks
CIO-SP4 Is Ready To Launch: Is Your Business Equipped to Compete?
Common Issues in Government Procurement and Contracting with John Edwards and William Stowe
Shoot for the STARS: Q&A with SBA’s John Klein on GSA's 8(a) STARS III RFP
PODCAST: Recruiting and Retention: Can Your 401K Make a Difference?
Minding Your RFPs and RFQs: Developing your Practice in the Age of Match.Com
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
This month’s Bid Protest Roundup highlights three recent protests: one from the U.S. Government Accountability Office and two from the Court of Federal Claims. The first protest concerns an agency using unstated evaluation...more
This month, we feature three bid protest decisions—two from the U.S. Government Accountability Office (“GAO”) and one from the U.S. Court of Federal Claims (“COFC”). Though each of these decisions focuses on a different...more
Most of the time the low bidder will win a government contract. But not always. Sometimes a federal agency will make an award on a best-value trade-off basis. This process can be used “when it may be in the best interest of...more
In the world of federal contracting, one thing is clear. When crafting a response to a Federal Government Request for Proposal (RFP), one must comply with the precise evaluation criteria contained in that document. Failure to...more
As most government contractors have experienced firsthand, procuring agencies routinely engage in a wide variety of communications after bids have been submitted. On occasion, these exchanges are quite minor and afford an...more
Since the January Bid Protest Roundup marks the beginning of February, we begin with a takeaway that needs no supporting authority beyond common sense: if you have not already done so, get your Valentine’s Day gift now. ...more
Bid protest determinations serve to resolve challenges to procurement decisions by government agencies. Beyond that purpose, these rulings can also offer valuable insights as to what factors determine whether or not a...more
Sometimes a comparison of cases best illustrates the law. This month we analyze a double pair of recent GAO decisions. First, in CharDonnay and Triple Canopy, we compare decisions dissecting the merits of best-value...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
The National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC) issued yet another round of significant changes to the Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Request...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 a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation, as the solicitation impermissibly required that a protégé and mentor in a joint venture have the...more
Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available...more
In the latest installment of our bid protest spotlight (featured on Law360), we analyze three Government Accountability Office (GAO) decisions that provide important reminders for companies considering whether to protest a...more
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
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
While some rules may seem basic enough to overlook, the Government Accountability Office (GAO) decision sustaining the protest in Avionic Instruments LLC (Avionic), B-418604, B-418604.2 (June 30, 2020) reminds us of a...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
The Government Accountability Office (GAO) recently sustained a protest that challenged the Department of Veterans Affairs’ (VA) failure to set aside an acquisition for Service-Disabled Veteran-Owned Small Businesses (SDVOSB)...more
Discussions with an agency prior to submitting a final proposal can lead to a more well-informed submission by an offeror; however, such is not always the case. The Government Accountability Office (GAO) decision in Quality...more
Responding to agency Requests for Proposals (RFP) is an exercise in playing follow-the-leader. Contractors should take care to : •Read the RFP •Understand the information requested by the agency; and •Provide that...more
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
This installment of our Law360 bid protest spotlight examines two protest decisions released in December, provides a year-end review of key bid protest decisions from 2019, and discusses a few takeaways from the U.S....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