This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more
10/8/2024
/ Bid Protests ,
Corporate Counsel ,
Court of Federal Claims ,
Department of Defense (DOD) ,
DFARS ,
Documentation ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
General Services Administration (GSA) ,
Procurement Guidelines ,
Solicitation ,
U.S. Navy
This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more
12/7/2023
/ Bias ,
Bid Protests ,
Competition ,
Competitive Bidding ,
Contractors ,
Favoritism ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Good Faith ,
Offerors ,
Solicitation ,
Unfair Competition
As most experts expected, Congress has passed the bill to reauthorize the SBIR and STTR programs until September 30, 2025. The bill is now headed for the White House, where the President is expected to sign it into law....more
As of this posting, Congress has not yet reauthorized the popular Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Given the broad bipartisan support for these programs, most...more
In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that...more
9/13/2022
/ Bid Protests ,
Court of Federal Claims ,
Federal Contractors ,
GAO ,
Joint Venture ,
Past Performance ,
Registration Requirement ,
Solicitation ,
Subcontractors ,
System For Award Management (SAM) ,
US State Departments
For evaluation purposes in a federal procurement, may an offeror rely upon the past performance and experience of its affiliates? The answer generally is a qualified yes, but the answer and the qualifications may change...more
In the seminal decision Blue & Gold Fleet, L.P. v. United States, the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a...more
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
The Chief Information Officer-Solutions and Partners 4 (CIO-SP4) procurement of the National Institutes of Health’s Information Technology Acquisition and Assessment Center (NITAAC) has garnered a great deal of attention....more
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
3/12/2021
/ Appeals ,
Army ,
Automatic Stay ,
Bid Proposals ,
Bid Protests ,
COFC ,
Corporate Conversions ,
Corrective Actions ,
Debriefing ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Dismissals ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Lack of Jurisdiction ,
Limited Liability Company (LLC) ,
LPTA ,
Name Changes ,
Offerors ,
Solicitation
This week we’ll discuss two protest arguments that are, in some ways, two sides of the same coin: unstated evaluation criteria and waived or relaxed solicitation requirements. In each, the focus of the protest is on what...more
Having discussed protest grounds you cannot or should not raise, we turn now to the first in a series of grounds that could result in a sustained protest: Latent Ambiguities and Non-Apparent Solicitation Defects....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