This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers[i], examines potential conflicts of interest arising out of the...more
Department of Defense (“DoD”) acquisition chief Ellen Lord earlier this week issued a memorandum reducing internal approvals required to issue other transactions (“OTs”) for prototype projects related to the national...more
As the novel coronavirus, COVID-19, invades more and more of everyday life, the chance it will affect government contracts and government contractors becomes more and more likely. These effects might include workforce...more
This installment of our monthly Law360 bid protest bid protest spotlight examines three protest decisions addressing challenges to contractor performance assessment reports (“CPARs”), procurements through the General Services...more
The Court of Federal Claims recently affirmed its jurisdiction to settle disputes over protective markings in Raytheon Co. v. United States. In that case, Raytheon asked the Court to review a contracting officer’s demand that...more
BID PROTESTS, LATEST DEVELOPMENTS & TWISTS -
Bid Protests: Agenda -
1. LOGCAP V and Task/Delivery Order Protest Jurisdiction
2. SpaceX and Other Transaction Authority Protest Jurisdiction
3. Potential Impact of New...more
Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and...more
You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of...more
6/27/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
Responding to statutory requirements in the 2018 Small Business Runway Extension Act, the Small Business Administration (SBA) issued a proposed rule on June 24, 2019 to adjust its regulations on the calculation of average...more
The most common question we hear from clients about the recent boom in the Department of Defense’s spending on other transactions, or OTs, is a simple one: How can I get in on the action? Understandably, OTs – essentially...more
For years, United States security agencies have recognized a threat to government information technology systems posed by contractor supply chains. The Government has struggled, however, to balance national security...more
For this month’s bid protest roundup, we have identified four diverse bid protest decisions coming out of the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims. The first two, CDO Technologies and...more
The Government Accountability Office’s (GAO) recent decision in Blade Strategies, LLC, B-416752, 2018 WL 4584111 (Comp. Gen. Sept. 24, 2018), clarifies the GAO’s jurisdiction and standard of review for protests of other...more
Congress recently authorized the Department of Defense’s spending for Fiscal Year 2019 and, unsurprisingly, attached some strings in the guise of acquisition reform. One of these is a modest change to the burden of proof in...more
In a decision published last week, Appeals of CiyaSoft Corp., ASBCA Nos. 59519, 59913, the Armed Services Board of Contract Appeals (ASBCA) held for the first time that the Government may be bound by the terms of a commercial...more
Other Transaction Agreements (OTAs): The term is familiar among government contractors, yet commonly misunderstood. Recently, the Government Accountability Office (GAO), in Oracle America, Inc., B-416061, May 31, 2018, 2018...more
This month’s roundup features three noteworthy decisions from the Government Accountability Office (“GAO”) concerning timeliness, sole source awards, and organizational conflicts of interest (“OCIs”). The first offers some...more
The GAO’s decision last week, denying in part and dismissing in part Sikorsky Aircraft Corporation’s much-watched protest of the Air Force’s solicitation to replace the UH-1N helicopter, deals an early (if light) blow to...more
The Government Accountability Office (GAO) will cut the ribbon on its Electronic Protest Docketing System (EPDS) on May 1, 2018, according to a final rule published Monday (at 83 Fed. Reg. 13817). The electronic filing...more
Anyone who has endeavored to sell commercial software to the Federal government well knows there are devils hiding in the details of most commercial license agreements. The trick is knowing how to spot them – or, more...more
The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old...more
Veteran-owned small businesses have long grappled with seemingly benign drafting inconsistencies between Small Business Administration (SBA) and Department of Veterans Affairs (VA) regulations that can leave a business...more
On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act. The NDAA coming out of the conference committee contains numerous provisions that would affect government...more
This roundup of notable bid protest decisions issued in September 2017 highlights three decisions, two at the Government Accountability Office (GAO) and one at the Court of Federal Claims (COFC). The first reminds us of the...more
The Court of Federal Claims held for the first time last Friday that damages were available for the Government’s alleged breach of an other transaction agreement (“OTA”), declining to dismiss a contractor’s $47 million claim...more