Navigating Bid Protest Choices at GAO and COFC
Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
Going to the Court of Federal Claims or the Boards of Contract Appeal
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
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
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
Federal grantees facing the termination of their grants by the new administration have challenged those terminations by filing suits under the Administrative Procedure Act (APA) in federal district courts. In about a half a...more
In a decision published on Feb. 24, 2025, Judge Armando Bonilla of the U.S. Court of Federal Claims (COFC or Court) weighed in on the ongoing debate about jurisdiction over protests of other transaction agreements (OTAs). The...more
For some time, the IRS has "listed" certain transactions as suspect. Based on a recent Sixth Circuit decision, a taxpayer against whom the IRS proposes a penalty for failure to report participation in a listed transaction may...more
Last week, in a decision that will increase the burden of proof for contractors in bid protests, the U.S. Court of Appeals for the Federal Circuit clarified that prejudice, a critical part of any protest action, is not to be...more
The Situation: The Federal District Court for the District of Arizona recently dismissed MD Helicopters' Other Transaction ("OT") protest for lack of jurisdiction. The court reasoned that, although the OT was not a...more
The Court of Federal Claims addressed in a May 29th opinion a Fifth Amendment Takings Claim associated with the United States Environmental Protection Agency’s withdrawal of a Clean Water Act 404 permit that had been issued...more
As a child growing up just outside of New York City, I was a big New York Yankees fan. My grandfather used to love telling me stories about how far Mickey Mantle could hit a ball and what a tremendous pitcher Whitey Ford was,...more