August 2, 2018Protests & Litigation

July 2018 Bid Protest Roundup

This month’s roundup discusses three noteworthy decisions from the Government Accountability Office (GAO) covering timeliness, premature claims, and competitive range exclusion notice, and one decision from the Court of Federal Claims regarding third-party intervention. These cases serve as important reminders for protesters and awardees. Government Accountability Office 1. CWIS, LLC, B-416544, July 12, 2018 – ...›

Protests and Litigation

Corporate Transactions as a Basis for Protest (Post-Award Protest Primer #18)

Most corporate transactions go forward without protests.  Several prominent protest decisions over the last few years, however, have drawn attention to the complicated and sometimes unpredictable effect corporate transactions can have on pending procurements.  This uncertainty is exacerbated by the (often required) secrecy around pending transactions and the fact that potential corporate transactions may be ...›

Intellectual Property
July 19, 2018Intellectual Property

ASBCA’s Landmark Holdings in CiyaSoft: Government Bound by Commercial Computer Software License It Never Saw and Has An Implied Obligation to Protect Licensed Software

In a decision published last week, Appeals of CiyaSoft Corp., ASBCA Nos. 59519, 59913, the Armed Services Board of Contract Appeals (ASBCA) held for the first time that the Government may be bound by the terms of a commercial software license it has neither seen nor expressly agreed to, so long as those terms are ...›

Protests and Litigation
July 5, 2018Protests & Litigation

June 2018 Bid Protest Roundup

This month’s roundup features one noteworthy decision from the Court of Federal Claims (COFC) regarding improper agency corrective action, and two decisions from the Government Accountability Office (GAO) concerning unequal access type organizational conflicts of interest (OCIs). Court of Federal Claims Centerra Group, LLC v. United States and Paragon Systems, Inc., No. 18-219C, e-filed June 7, ...›

Federal Procurement

Soothsaying Oracle: What GAO’s Decision Concerning DoD Prototype OTAs Means for DoD and Beyond

Other Transaction Agreements (OTAs):  The term is familiar among government contractors, yet commonly misunderstood.  Recently, the Government Accountability Office (GAO), in Oracle America, Inc., B-416061, May 31, 2018, 2018 CPD ¶ ___, defined OTAs as “legally-binding instruments, other than contracts, grants, or cooperative agreements, that generally are not subject to federal laws and regulations applicable ...›

Protests and Litigation
June 7, 2018Protests & Litigation

May 2018 Bid Protest Roundup

This month’s roundup features three noteworthy decisions from the Government Accountability Office (“GAO”) concerning timeliness, sole source awards, and organizational conflicts of interest (“OCIs”).  The first offers some novel thoughts on when a pre-award protest is appropriately brought to GAO, and the others serve as important reminders to contractors about what matters are worth protesting ...›

Protests and Litigation

Unreasonableness And Lack Of Documentation (Post-Award Protest Primer #17)

Today’s installment of the post-award protest primer combines two frequent, related protest grounds:  (1) unreasonable evaluations and source selection decisions and (2) insufficient documentation.  In a future post, we’ll look more granularly at protest grounds best value tradeoffs in particular and the duties of source selection authorities.  Today, it’s all about reasonableness and documentation. Unreasonable ...›

Intellectual Property

Sikorsky: What the GAO Said and Did Not Say About Soliciting Data Rights

The GAO’s decision last week, denying in part and dismissing in part Sikorsky Aircraft Corporation’s much-watched protest of the Air Force’s solicitation to replace the UH-1N helicopter, deals an early (if light) blow to contractors in their fight against the Air Force’s recent data rights grab.[1]  Followers of this blog and readers of the Government ...›