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COFC CICA Government Accountability Office

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Morrison & Foerster LLP - Government...

Court Of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

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

Sheppard Mullin Richter & Hampton LLP

Challenging Other Transaction Agreements – Navigating the Jurisdictional Highway

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

Wiley Rein LLP

Federal Circuit Clarifies Protest Timeliness Rules to Obtain Automatic Stay Following DOD Enhanced Debriefing Opportunity

Wiley Rein LLP on

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

Wiley Rein LLP

Federal Circuit Nixes COFC Automatic Stay Decision

Wiley Rein LLP on

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

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

Husch Blackwell LLP

When Must You Protest To Get An Automatic Stay After An Enhanced Debriefing?

Husch Blackwell LLP on

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

Wiley Rein LLP

Late is Late: Debriefing Best Practices for Bid Protest Timeliness

Wiley Rein LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

COFC Provides Bid Protest Timeliness Guidance

In a recent decision, the U.S. Court of Federal Claims (COFC) addressed the timeliness rules for enhanced debriefing situations. The clock for purposes of obtaining an automatic stay and timeliness may start after the...more

Morrison & Foerster LLP - Government...

Stays of Contract Award and Performance (Pre-Award Protest Primer #6)

Today we’ll discuss stays of award and performance during the pendency of a bid protest. There are two kinds of protest stays: pre-award stays and post-award stays. Although the former are outside the scope of this primer,...more

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