The U.S. Court of Federal Claims recently issued a significant opinion in Gemini Tech Servs., LLC v. United States, holding that the Army’s failure to follow required procedures under the Federal Acquisition Regulation (FAR)...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
Ringing out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive...more
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
In June 2017, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued decisions covering a number of issues. We address the decisions below on the following issues of interest: (1)...more
Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by...more