News & Analysis as of

Bid Protests Appeals Department of Defense (DOD)

Pillsbury - Bid Protest Debrief

Wright Brothers Protest Fails to Take Flight: GAO Grounds Untimely Protest

In Wright Brothers Aero, Inc., B-423326.2 (July 7, 2025),​ Wright Brothers Aero protested the Defense Logistics Agency’s (DLA) reaffirmation of a contract award for aircraft refueling services to Premier Jet Services, arguing...more

Fox Rothschild LLP

OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts...

Fox Rothschild LLP on

The Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the procuring...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an...more

Bradley Arant Boult Cummings LLP

GAO Sustains Protest Over Agency’s Failure to Conduct Price Risk Analysis Under DFARS 252.204-7024

In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under...more

Jenner & Block

Client Alert: The Price of Silence: GAO Dismisses Protest Because the Protester’s Key Personnel Were Unavailable

Jenner & Block on

On December 30, 2024, the Government Accountability Office (GAO) dismissed a protest by Orion Government Services, Inc. (Orion) after determining that Orion lacked standing to protest because one of its proposed key personnel...more

Morrison & Foerster LLP - Government...

February 2021 Bid Protest Roundup (Law360 Spotlight)

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

Bradley Arant Boult Cummings LLP

Fed. Circ. Ruling Guides On DOD Enhanced Debrief End Date

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

Pillsbury Winthrop Shaw Pittman LLP

Federal Circuit Clarifies Bid Protest Stay Timeliness Rules

The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more

Bradley Arant Boult Cummings LLP

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn “NIKA Technologies”

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

Bradley Arant Boult Cummings LLP

The 3 Most Important Bid Protest Decisions Of 2018 - Law360

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

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