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Bid Protests Judicial Authority

Fox Rothschild LLP

CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling

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The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest. If a disappointed bidder files a protest with the Government...more

PilieroMazza PLLC

The Unusual Case of Obtaining a “Pause” on Performance After Missing the Filing Deadlines

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One of the primary benefits of filing a protest with the Government Accountability Office (GAO) is that it automatically puts the awarded contracts on hold, stopping the agency from proceeding with performance. To reap the...more

Bradley Arant Boult Cummings LLP

Understanding the Postal Service’s Bid Protest Process

Contractors pursuing work with the U.S. Postal Service (USPS) must be aware that the Postal Service operates under a unique set of rules. Unlike most federal agencies, the USPS is not subject to the jurisdiction of the...more

Fox Rothschild LLP

NJ Supreme Court Ruling Provides Public Agencies With Broad Discretion in Bidding Process

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The New Jersey Supreme Court recently issued an important opinion providing clear guidance for companies seeking to do business with the state of New Jersey, that in public works projects, bid documents must be in full...more

WilmerHale

The Telesto Decision: COFC's Latest (and Most Novel) Take on OTA Jurisdiction

WilmerHale on

Judge Hertling’s recent decision in Telesto Group, LLC v. United States provides a novel approach for determining when Court of Federal Claims (also “COFC”) has jurisdiction to consider a protest of a project under the...more

Pillsbury - Bid Protest Debrief

Court of Federal Claims Upholds Agency’s Course Correction in Pursuit of Best Value

In Red River Science & Technology, LLC v. United States, U.S. Court of Federal Claims, No. 24-2035C (June 18, 2025), Red River challenged multiple aspects of an Army procurement under the Enhanced Army Global Logistics...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

This month’s bid protest spotlight features a trifecta of decisions from the U.S. Court of Federal Claims. In MVL USA Inc. v. United States, a consolidated bid protest involving seven protesters, the Court rejected...more

Fox Rothschild LLP

Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists

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Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more

Bradley Arant Boult Cummings LLP

Understanding the FAA’s ODRA Bid Protest Process: A Guide for Government Contractors

When it comes to federal procurements, the Federal Aviation Administration (FAA) operates a little differently than most other agencies. Unlike other federal agencies that follow the Federal Acquisition Regulation (FAR), the...more

Mayer Brown

Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

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On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for...more

Stevens & Lee

The Need for More Uniformity and Standardization in New Jersey’s Bid Protest Procedures

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Nearly 60 years ago, the New Jersey Supreme Court published one of its seminal bidding cases in Commercial Cleaning Corp. v. Sullivan, holding that a trial-type hearing is not required when challenging a bid award....more

Morrison & Foerster LLP - Government...

Court of Federal Claims Confirms Jurisdiction over Other Transaction (OT) Bid Protests

Last month, in Raytheon Co. v. United States, the U.S. Court of Federal Claims (COFC) confirmed its jurisdiction to hear bid protests challenging the award of certain other transaction (OT) agreements. The decision names COFC...more

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