In a recent Protest Roundup, we discussed Dell Federal Systems, LP v. United States, 2017 WL 2981811 (Fed. Cl. July 3, 2017), a case in which a contractor successfully challenged the scope of the voluntary corrective action...more
Before diving into the various protest grounds that may result in a sustained protest at the GAO, let’s look at some sure losers. These are issues that are not protestable and would likely result in a quick dismissal. This...more
Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the scope of this primer,...more
Post-award protests generally involve arguments about confidential, source-selection sensitive information – proprietary bid and proposal material, past performance data, cost and pricing information, nonpublic agency...more
In July 2017, the Government Accountability Office (GAO) and the U.S. Court of Federal Claims issued decisions covering a number of issues. We address the decisions below on the following issues of interest: (1) agency...more
Part 4: Bid Protest Remedies -
We’ve discussed debriefings and the timelines and timeliness rules that apply to post-award protests. Today we’ll discuss remedies. If you file a protest to challenge a contract award and...more
Part 3: Timeliness and Timelines -
Now that we’ve discussed the award letter and debriefings, we’ll move on to next steps: timeliness of initial protest filings and the protest timeline. In the context of all post-award...more
Part 1: An Introduction to Bid Protests -
Welcome to the first in a new series of articles on post-award bid protests! A lot of misunderstandings and misinformation surround the bid protest, and traps abound for the wary...more
Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more
Two common themes run through the cases we have chosen for this month’s bid protest roundup. The first three decisions explore some pitfalls relating to the timeliness of proposals and protest grounds. The last two...more