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
Timing is everything when it comes to bid protests at GAO. There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition...more
On November 18, the Government Accountability Office ("GAO") released its much-anticipated Bid Protest Annual Report to Congress for Fiscal Year 2024, which was submitted to Congress on November 14. GAO's annual report is...more
A recent decision, Independent Rough Terrain Center, LLC v. United States (“IRTC”),[1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of...more
Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the...more
The origination of Other Transaction Agreements (OTAs) traces back to the October 1957 launch of Sputnik I by the Soviet Union and the subsequent Space Race. Congress created the National Aeronautics and Space Administration...more
The Government Accountability Office (GAO) recently issued its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form...more
This month’s bid protest roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (“Court”). ...more
The Department of Defense (DOD) issued a final rule on March 18, 2022, that amends the Defense Federal Acquisition Regulation Supplement (DFARS) to require "enhanced" post-award debriefings in certain DOD procurements....more
The final rule provides for additional debriefing rights and clarifies the GAO bid protest stay timeliness rules. DoD debriefings now must include a redacted version of the source selection decision document for all awards...more
The U.S. Department of Defense (DOD) has just locked in its Enhanced Postaward Debriefing procedures, making it easier for contractors to understand the source selection and contract award process and make informed bid...more
The General Services Administration’s Federal Supply Schedule contracts are an efficient method for agencies across the Government to meet their needs for many commercially available supplies and services. For requirements...more
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority....more
The Department of Defense recently issued a proposed rule that would implement the enhanced debriefing procedures required by Congress in the Fiscal Year 2018 National Defense Authorization Act (FY18 NDAA). The proposed...more
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority....more
A recent decision by the U.S. Court of Appeals for the Federal Circuit in Nika Technologies, Inc. v. United States provides an important clarification of the timeliness rules for filing a bid protest with the U.S. Government...more
Disappointed government contractors and their legal counsel weigh the benefits of filing bid protests at the Government Accountability Office (GAO) versus the Court of Federal Claims (COFC). One of the key benefits to filing...more
Pursuing a post-award bid protest at the Government Accountability Office (GAO) can provide protesters the benefit of the stay of performance under the Competition in Contracting Act (the CICA stay). To qualify, offerors must...more
Contractors and contractor teams competing for set-aside contracts should internalize the Federal Acquisition Regulation (“FAR”) compliance lesson imparted by a recent Government Accountability Office (“GAO”) protest decision...more
WHAT: On February 4, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a Court of Federal Claims (COFC) judge’s ruling in a decision that clarifies what a contractor must do to preserve the right to stop...more
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
The automatic stay of award is one of the key elements of a bid protest under the Competition in Contracting Act. The CICA stay is only available when a protest is filed no later than ten days after contract award or no later...more
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received...more
The statutory scheme and regulatory implementation of the rules governing the timeliness of bid protests in negotiated procurements at the U.S. Government Accountability Office (GAO) are neither unduly complex nor...more
One might forget these days that bid protests are still going on. But they are, and a recent Court of Federal Claims (COFC) case provides insight into the timeliness of protests for the purpose of obtaining a stay of contract...more