Protests and Litigation
March 5, 2018Protests & Litigation

February 2018 Bid Protest Roundup

In this roundup of interesting U.S. Government Accountability Office (GAO) protests released in February, we look at (1) the effect of agency-level protests on GAO protest deadlines; (2) the fairly high bar for winning a bait-and-switch protest; (3) an important limit on agencies’ discretion to limit the scope of proposal revisions in corrective action; and ...›

FCPA
February 28, 2018Foreign Corrupt Practices Act

Top Ten International Anti-Corruption Developments for January 2018

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: Which company received a second declination letter from the Securities and Exchange Commission (SEC)? Which Latin American country introduced corporate criminal ...›

Protests and Litigation
February 26, 2018Protests & Litigation

GAO Presents a Study in Timeliness Traps

In a decision released on Friday, February 23, 2018, the Government Accountability Office (GAO) provided further demonstration of the bid protest – timeliness traps that may ensnare the wary and unwary alike. In Savannah River Technology & Remediation, LLC; Fluor Westinghouse Liquid Waste Services, LLC, B-415637 et al., Feb. 8, 2018, ___ CPD ¶ ___, ...›

Federal Procurement
February 21, 2018Acquisition Regulations, Compliance

Acquisition Disruption – Innovative Concepts in Government Contracting

Government procurement often gets a (not altogether undeserved) bad rap as a cumbersome process that is lacking in imagination and innovation.  Today more than ever, however, the federal government is making use of cutting edge procedures and methods to attract commercial companies to government contracting and to encourage modernization and efficiency in procurements.  Below we ...›

Protests and Litigation
February 14, 2018Protests & Litigation

Pilot Testing of GAO’s New Filing System Currently Underway

Earlier this month, the GAO announced that its long-awaited electronic protest docketing system (EPDS) is now operational and undergoing limited pilot testing with certain designated protests filed since February 1.  EPDS is a major step forward from the current system of emailing all protest-related filings to a single GAO email address (or faxing or hand-delivering ...›

Protests and Litigation
February 8, 2018Protests & Litigation

January 2018 Bid Protest Roundup

The Government Accountability Office (“GAO”) started off the new year by reaffirming old rules pertaining to organizational conflicts of interest and discussions. GAO’s decisions show that while time marches forward, old habits die hard. Organizational Conflicts of Interest GAO issued three decisions in January 2018 addressing OCI evaluations. 1. Superlative Techs., Inc.; Atlantic Sys. Grp., ...›

February 1, 2018Compliance, Defense

Millennials Outraged Over GAO Decision Upholding DoD Determination that Millennials Won’t Keep a Job

(Editor’s Note: The author of this post is millennial, though she does not admit it and we don’t hold it against her.) “Outraged” may be a tad dramatic, and the Department of Defense (DoD) didn’t actually make any determinations about millennials and their work ethic, but nevertheless millennials took center stage in the Government Accountability ...›

Protests and Litigation

Rare Federal Circuit Protest Decision Affirms Agency Discretion in Sole Source Context

Last week, the Federal Circuit issued a rare opinion on a bid protest in Agustawestland North America, Inc. v. United States.  Bid protest decisions by the Court of Federal Claims are seldom appealed by protesters because the ability to get a meaningful remedy quickly dissipates as contract performance commences.  In this case, however, the Government ...›