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Standing Federal Contractors

Wiley Rein LLP

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

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WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

Blank Rome LLP

Relief Requested: What the Federal Circuit’s CACI-Federal Decision Means for Your Bid Protest beyond Standing

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The primary holding of the Federal Circuit’s May 2023 decision in CACI, Inc.-Federal v. United States (Case No. 2022-1488), is that “statutory standing” is no longer a jurisdictional issue. This means that when considering...more

Dunlap Bennett & Ludwig PLLC

Why It’s Important To Work With A Bid Protest Lawyer

While a bid protest may initially seem straightforward — after all, a protest does not even need to be filed in court — it can be anything but simple. The complex laws and regulations surrounding the bid protest process can...more

Whitcomb Selinsky, PC

Contractor Challenges VA Interpretation of TAA and FAR

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In February 2020, Acetris Health, LLC, a generic pharmaceutical distributor, challenged the VA’s interpretation of the Trade Agreements Act of 1979 (TAA) and the Federal Acquisition Regulation (FAR) in the United States Court...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Contractors' 10 Biggest Bid Protest Mistakes (and How to Avoid Them) -...

Government contractors: We are excited to continue our “GovCon Examiner Live” webinar series in 2022. Over the course of the next 12 months, the Chair of our Government Contracting department, Maria Panichelli, will bring her...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Won’t Lift Ban on Contractor Vaccine Mandate

A federal appeals court ruled it will not lift a ban in three states on President Biden’s COVID-19 vaccine mandate for federal contractors. On Jan. 5, 2022, the Sixth Circuit Court of Appeals refused to stay an injunction...more

Stinson - Government Contracting Matters

Louisiana District Court Joins Bandwagon of Courts Issuing Preliminary Injunctions Against Implementation of EO 14042’s Government...

Executive Order 14042 (the “EO”) and the implementing FAR clause and Safer Workforce Task Force (SWTF) Guidance – which mandate that government contractors and their subcontractors be vaccinated absent a legal exception – has...more

Bass, Berry & Sims PLC

States Have Joined the Fight to Challenge the Government Contractor Vaccine Mandate

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At the end of October 2021, four complaints were filed by almost 20 states challenging the government contractor vaccine mandate. While some have suggested that these states, led by Republican governors, filed the suits for...more

Bass, Berry & Sims PLC

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

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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

DirectEmployers Association

OFCCP Week In Review: June 2021 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Woods Rogers

GAO Sustains Protest for Agency’s Improper Cost Adjustment

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The Government Accountability Office (“GAO”) recently sustained a protest in the matter of Vectrus Mission Solutions Corporation; Vanquish Worldwide, LLC where an agency improperly adjusted an offeror’s proposal price upward...more

Woods Rogers

In Uninteresting Result, Federal Circuit Leaves Offeror Standing Outside the Courtroom

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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

Davis Wright Tremaine LLP

A Lesson on Establishing "Standing" in Bid Protests

A critical hurdle to filing a viable bid protest is to establish "standing." Standing, in the context of a bid protest, requires that the offeror bringing the protest be an "interested party," i.e., a prospective bidder whose...more

Bradley Arant Boult Cummings LLP

False Claims Act: 2019 Year in Review

The year 2019 was another active year in False Claims Act (FCA) investigations and litigation. Although the year lacked a singular blockbuster case, there were decisions of particular note. The Supreme Court clarified the...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Asserting Bid Protests: Getting the Contracts You Deserve - February 5th,...

Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more

Husch Blackwell LLP

The Difference Between Standing And Prejudice In A Federal Bid Protest

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In order to bring a bid protest in the Court of Federal Claims, you must have standing. To win the protest, you have to show prejudice. Although distinct, these two requirements are related and often confused. ...more

ArentFox Schiff

Investigations Newsletter: Third Circuit Holds False Claims Act Relator Lacks Standing and Right to Intervene in Related Criminal...

ArentFox Schiff on

Third Circuit Holds False Claims Act Relator Lacks Standing and Right to Intervene in Related Criminal Case - In a matter of first impression, the Third Circuit held last week that a relator who filed an action under the...more

Obermayer Rebmann Maxwell & Hippel LLP

Standing and Prejudicial Error: The Importance of Demonstrating Multiple “Prejudices” in Bid Protests

We all know that, in real life, prejudice is a bad thing. But in the unique world of bid protests, success can actually depend on establishing prejudice. Two different types of prejudice, believe it or not! Of course,...more

Bass, Berry & Sims PLC

How Do Mergers & Acquisitions Impact Pending Bids?

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Given the continued high volume of mergers and acquisitions (M&A) transactions in the federal marketplace, buyers and sellers need to be aware of the developing body of case law at Government Accountability Office (GAO) and...more

Obermayer Rebmann Maxwell & Hippel LLP

Recent Court of Federal Claims Protest Decision Highlights the Importance of Standing

Bid protests can be a powerful tool. However, not just anyone can file a protest – only those contractors with “standing” can proceed. If a party lacks standing, its protest will be dismissed; dismissal will occur even where...more

Skadden, Arps, Slate, Meagher & Flom LLP

D.C. Circuit Upholds Federal Pay-to-Play Rule

On June 18, 2019, the U.S. Court of Appeals for the District of Columbia Circuit (the court) dismissed a challenge to Financial Industry Regulatory Authority (FINRA) pay-to-play Rule 2030 (the rule) brought by the New York...more

Shutts & Bowen LLP

Defend Yourself! Contract Awardees Should Intervene In Bid Protests.

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Most of the posts I write on bid protests are written from the protester’s point of view. Recently, however, I was asked by a contract awardee whether he should intervene in a protest challenging his award. The short answer...more

Shutts & Bowen LLP

I Would Have Bid on That! Challenging Out of Scope Modifications to Existing Government Contracts

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Florida’s First District Court of Appeals just held in Asphalt Paving Sys., Inc. v. Anderson Columbia, No. 1D18-2035 (Fla. 1st DCA Feb. 18, 2019) that prospective bidders have standing to file bid protests challenging...more

Davis Wright Tremaine LLP

COFC Sustains Protest, Rejecting Agency’s Improper Reliance on Subcontractor’s Experience and “Next-In-Line” Requirement for...

In another recently released bid protest sustained by the Court of Federal Claims, the Court addresses a protestor’s standing and an offeror’s ability to rely on the experience of its subcontractors in satisfying technical...more

Akin Gump Strauss Hauer & Feld LLP

New Court of Federal Claims Decision Is an Opportunity for Prospective Bidders

• A potential offeror may have jurisdiction to protest a government insourcing decision at the Court of Federal Claims. • This issue will likely need to be resolved by the Court of Appeals for the Federal Circuit. ...more

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