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Federal Contractors Public Procurement Policies Bid Protests

Bradley Arant Boult Cummings LLP

The Importance of Bid Protests Amid DOGE’s Reduction Efforts

In light of the Department of Government Efficiency’s (DOGE) recent efforts to reduce the number of federal government contracts and purportedly streamline the procurement process, it has never been more critical for federal...more

Bradley Arant Boult Cummings LLP

New Jersey Appellate Court Rejects Bid Protest: Archeologist Not Required to Be Registered under Public Works Contractor...

We recently blogged about New Jersey’s bid protest requirements for procurements solicited under the New Jersey Division of Purchase and Property (DPP) here. As we noted, public procurements by local governmental authorities...more

Wiley Rein LLP

FAR Council Proposes Wholesale Revamp of Organizational Conflict of Interest Rules

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WHAT: On January 15, 2025, the Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule to implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (Pub. L. No. 117-324). The...more

Bradley Arant Boult Cummings LLP

Bid Protests in Massachusetts

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see our posts on “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid...more

Holland & Knight LLP

GAO Annual Report FY 2024: A Return to Business as Usual

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The U.S. Government Accountability Office (GAO) 2024 Annual Report (Report) on bid protests provides a comprehensive overview of the trends, statistics and key issues in government procurement challenges over fiscal year (FY)...more

Holland & Knight LLP

GAO Annual Report FY 2023: Protests, Sustains Up Due Largely to a Single Procurement

Holland & Knight LLP on

The U.S. Government Accountability Office (GAO) recently issued its annual report to Congress on bid protests for Fiscal Year 2023....more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

Venable LLP

Notable Bid Protest Decisions, October and November 2022

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The United States Government Accountability Office ("GAO") sets a high bar for those pursuing bid protests before it. The ratio of protests sustained to protests dismissed or denied is heavily tilted toward the latter....more

Wiley Rein LLP

Lack of Prejudice Will Sink Even a 'Meritorious' Protest

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As experienced protest counsel, we know (i) that you can pick lint off of any procurement; and (ii) because of that fact, a protester alleging error in the procurement process needs to show that the error was “prejudicial.”...more

PilieroMazza PLLC

5 Things to Know When Protesting an Award

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The end-of-fiscal-year spending spike has federal agencies issuing more notices of award, leaving many disappointed offerors keen to file protests. Post-award protests are subject to strict timelines, so you need a plan if...more

Morgan Lewis

Important Clarifications in the Federal Circuit Acetris Decision

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In addition to standing behind the plain language of the definition of a “US-made end product,” the court in Acetris Health, LLC v. United States provided new guidance regarding limits on Customs and Border Protection...more

Stinson - Government Contracting Matters

Don’t Rely on a Procuring Agency to Track Down Past Performance Questionnaires

Given how much emphasis federal procurement law properly places on fairness, it can be easy to assume that government buyers must do everything necessary to ensure a fair procurement....more

Shutts & Bowen LLP

Rock the Boat, Baby – They’ll Get Over It. Contractors Should Use the Q&A Process Strategically and Seriously Consider Spec...

Shutts & Bowen LLP on

“I don’t want to do that because it will just upset them and they’ll make sure I don’t win.” This is a common concern I hear from clients when I help them review solicitations (invitations to bid (ITB), requests for proposals...more

Stinson - Government Contracting Matters

Tiered Evaluations: A Lesson in Reasonably Applying Different Rules

It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company,...more

Husch Blackwell LLP

Four Steps To Winning An Arizona Bid protest

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Bid protests on statewide and local public procurements in Arizona are allowed, in one form or another, if an unsuccessful offeror has both “standing” and a basis for protest. Protestors can seek to be awarded the contract or...more

Pillsbury Winthrop Shaw Pittman LLP

SBA Proposes Rule To Implement Runway Act

SBA’s proposed rule extends the measurement period from three to five years for contractors under revenue-based size standards to determine eligibility as a small business for federal procurement, including set-aside...more

Morrison & Foerster LLP - Government...

April 2019 Bid Protest Roundup

Our monthly bid protest Law360 spotlight will discuss a handful of interesting bid protests from the preceding month, highlighting the most noteworthy aspects of the decisions for companies competing for contracts and...more

PilieroMazza PLLC

Pre-Award Protests: An Underutilized Tool

PilieroMazza PLLC on

Drafting a proposal in response to a federal solicitation can be a challenging task. This process becomes even more difficult when the terms of the solicitation are ambiguous, restrictive, or simply incorrect. As a...more

Bradley Arant Boult Cummings LLP

GAO Clarifies Rules For Conflict Of Interest Waiver Protests

The U.S. Government Accountability Office recently issued a decision in which it clarified the rules regarding bid protests that challenge an agency’s organizational conflict of interest waiver. As discussed below, the GAO’s...more

Troutman Pepper Locke

Preparation Is Key to Post-Award Debriefing for Government Contracts

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The primary goal of offerors’ requesting a debriefing after a government contract is awarded is to learn what they can do to make their proposals more attractive for future procurements. Even the winning proposal is likely...more

Bass, Berry & Sims PLC

GAO Upholds Waiver(s) of OCI Allegations

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On January 30, the U.S. Government Accountability Office (GAO) issued its decision denying Concurrent Technologies Corp.’s (CTC) protest of the U.S. Navy’s award of a support contract for the Navy Manufacturing Technology...more

Dickinson Wright

Review of the Significant Canadian Federal Government Contracting Cases in 2016

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All procurements in Canada are, at common law, founded on the principles articulated in the Supreme Court of Canada decision in The Queen (Ontario) v Ron Engineering. Ron Engineering introduced the concepts of “Contract A”...more

PilieroMazza PLLC

Weekly Update Newsletter - January 2017

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GOVERNMENT CONTRACTS - Memorandum: Implementation of Defense Federal Acquisition Regulation Supplement Final Rule 2016-D002, Enhancing Effectiveness of Independent Research and Development On January 4, 2017, the Under...more

Morrison & Foerster LLP

Elevating Form Over Substance: OCI Waiver Challenges at GAO

The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver...more

Sheppard Mullin Richter & Hampton LLP

GAO Tackles Cybersecurity

In two recent decisions, GAO denied protest grounds challenging the ability of contract awardees to satisfy government requirements related to cybersecurity. This posting analyzes those decisions and their implications for...more

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