News & Analysis as of

Solicitation COFC

Bass, Berry & Sims PLC

Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal

Bass, Berry & Sims PLC on

On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR...more

Pillsbury Winthrop Shaw Pittman LLP

After Long Drought, COFC Sustains a Corrective Action Protest

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

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Standing, Brand-Name Or Equal, Insufficient Documentation

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit and two decisions from the U.S. Government Accountability Office (GAO)....more

Schwabe, Williamson & Wyatt PC

The Importance of Active Registration: Lessons for Federal Contractors

On May 23, 2023, the Court of Federal Claims (COFC) granted a preliminary injunction halting the award and performance of a contract awarded to Cloud Harbor Economics, LLC Cloud Harbor from the Department of Health and Human...more

Cozen O'Connor

Whose Standing Now? Federal Circuit Changes Jurisdiction Precedent for Bid Protests

Cozen O'Connor on

On Monday, May 22, 2023, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) issued its decision in M.R. Pittman Group, LLC v. United States, Case No. 21-2325, in which it overturned years of precedent...more

Sheppard Mullin Richter & Hampton LLP

Losing the Keys to the Kingdom – How Key Personnel Unavailability Can Jeopardize Contract Award

Winning government contracts often comes down to who you have on your team. It should come as no surprise then that government agencies have placed increasing emphasis on key personnel as an evaluation factor in best value...more

Morrison & Foerster LLP - Government...

February 2022 Bid Protest Roundup: Key Personnel Changes, Agency Computer Glitches, And Ambiguous Solicitations

This month’s roundup considers three recent protests: (1) an important decision by the Court of Federal Claims rejecting controversial precedents of the U.S. Government Accountability Office (GAO) concerning key personnel...more

Morrison & Foerster LLP - Government...

DECEMBER 2021 BID PROTEST ROUNDUP

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in...more

Husch Blackwell LLP

Escaping Blue & Gold: Court Holds Filing A Pre-Award Agency-Level Protest Preserved Protester’s Arguments

Husch Blackwell LLP on

In June 2007, the U.S. Court of Appeals for the Federal Circuit held that a party who fails to object to patent errors in a solicitation before the conclusion of the bidding process waives those objections. Blue & Gold Fleet,...more

Morrison & Foerster LLP - Government...

November 2021 Bid Protest Roundup

This month’s Law360 Bid Protest Roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (COFC). These decisions involve (1) the...more

Wiley Rein LLP

Blue & Gold Safe For Now: Federal Circuit Holds That a Timely Agency-Level Pre-Award Solicitation Challenge Preserves a...

Wiley Rein LLP on

WHAT: On December 7, 2021, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Harmonia Holdings Grp., LLC v. United States, No. 2020-1538, preserving the waiver rule established...more

Bass, Berry & Sims PLC

Selling Assets During a Protest?  Careful You Don’t Jump the Shark

Bass, Berry & Sims PLC on

In the past, we have cautioned readers about the potential impact of transactions on pending awards, particularly on the ability of a contractor to protest. A recent decision from the Court of Federal Claims (COFC) shows that...more

Morrison & Foerster LLP - Government...

April 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight examines three protest decisions addressing (1) mismatches between proposed labor categories and the scope of a vendor’s underlying General Services Administration...more

Morrison & Foerster LLP - Government...

February 2021 Bid Protest Roundup (Law360 Spotlight)

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

Bass, Berry & Sims PLC

COFC: “Rule of Two” Must Be Analyzed Before “Any” Acquisition

Bass, Berry & Sims PLC on

The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the “Rule of Two” to all federal acquisitions in its decision of Tolliver Grp., Inc. v. United States. Further, agencies must give a...more

Bass, Berry & Sims PLC

Size Recertification Prior to Award – When is it Required?

The U.S. Court of Federal Claims (COFC) decision in HWI Gear, Inc. v. United States highlights the importance of reviewing a solicitation to determine if the text of Federal Acquisition Regulation (FAR) 52.219-28 is included...more

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