The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority....more
In NIKA Technologies v. U.S., the U.S. Court of Appeals for the Federal Circuit recently reversed the holding of the U.S. Court of Federal Claims regarding when the protest-filing clock starts running for a stay of contract...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 Government Accountability Office (GAO) recently issued to Congress its annual bid protest report.
As discussed below, this year's report is noteworthy for multiple reasons, including that it shows that protesters...more
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received...more
A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of Defense’s (DOD)...more
12/14/2020
/ Appeals ,
Bid Protests ,
COFC ,
Construction Contracts ,
Debriefing ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Federal Contractors ,
GAO ,
NDAA ,
Oral Argument ,
US Army Corps of Engineers
As a result of increased government spending at the end of the government's fiscal year — the 12-month period beginning on Oct. 1 and ending on Sept. 30 — the number of bid protest filings peaks in October. Accordingly,...more
As we noted recently, the number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year, which ends September 30. Thus, our previous article provided a...more
As a result of increased government spending at the end of the government’s fiscal year — which is the 12-month period beginning on October 1 and ending on September 30 — the number of bid protest filings peaks in October....more
Fans of the classic 1960s cartoon series Rocky and Bullwinkle may recall two minor characters, Chauncey and Edgar, who commented on the action by saying something like this: “Now there’s something you don’t see every day,...more
9/14/2020
/ Bid Protests ,
COFC ,
Corporate Counsel ,
Federal Contractors ,
GAO ,
Licensing Rules ,
Motion To Intervene ,
State and Local Government ,
State Licenses ,
Subcontractors ,
Vendors
A recent bid protest appeal decision by the U.S. Court of Appeals for the Federal Circuit — XOtech, LLC v. United States — provides clear guidance on what it means to “control” a service-disabled veteran-owned small business...more
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report for Fiscal Year (FY) 2019. As discussed below, this year’s report is particularly noteworthy for multiple reasons, including...more
The Government Accountability Office (GAO), in TeamWendy, LLC, B-417700.2 (Oct. 16, 2019), recently clarified the scope of its authority to review bid protests involving the addition of products or services to the AbilityOne...more
The U.S. Court of Federal Claims (COFC), in Netcentrics Corp. v. United States, recently upheld an agency’s decision to disqualify an offeror from a procurement based on a perceived material misrepresentation in the offeror’s...more
The Government Accountability Office (GAO) recently denied two consolidated bid protests alleging that a solicitation issued by the General Services Administration (GSA) was inconsistent with the Small Business Runway...more
The General Services Administration (GSA) recently announced that, “[d]ue to corrective action being taken in response to a U.S. Court of Federal Claims protest, the government has rescinded all contract awards made in...more
In 2018, three particularly important decisions were issued that will have a significant impact on bid protest law for years to come: Dell Federal Systems LP v. United States, PDS Consultants Inc. v. United States, and Oracle...more
12/28/2018
/ Appeals ,
Bid Protests ,
COFC ,
Corrective Actions ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Federal Contractors ,
GAO ,
Nonprofits ,
Procurement Guidelines ,
Rule of Two ,
Set-Aside Contracts ,
Small Business ,
US Army Corps of Engineers ,
Veterans
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. Of particular note, protesters received some relief in 44 percent of the protests. GAO reports this statistic as an...more
While many federal contractors operate on a fiscal year that coincides with the calendar year, the federal government’s fiscal year is the 12-month period beginning on October 1 and ending on September 30 of the following...more
The U.S. Government Accountability Office recently issued a decision in which it clarified the rules regarding bid protests that challenge an agency’s organizational conflict of interest waiver. As discussed below, the GAO’s...more
RAND Corporation recently issued its much-anticipated report on the prevalence and impact of bid protests. The report, which was issued at the direction of Congress, contains a plethora of important—and interesting—findings,...more
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. Of particular note, the report states that, “[o]f the protests resolved on the merits during fiscal year 2017, [GAO]...more
Colorado recently overhauled its Procurement Code. The legislature changed rules governing bid protests of state-funded procurements. We offer a user-friendly overview of the “new” Colorado bid protest process in this blog...more
Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procure-ments by the U.S. Postal Service (USPS)....more
Government contractors frequently find themselves in a sticky situation where, after submitting a “best and final offer” (BAFO), but before award, they learn that material information provided in their proposal has become...more