Topic Archives: Protests & Litigation

Litigation
January 10, 2017Protests & Litigation

2016 Protest Roundup

In addition to our regular recap of key protest decisions by the Government Accountability Office (GAO) and Court of Federal Claims this month, we have compiled a year-end recap of key bid protest decisions from 2016.  The number of protests, merits decisions, and sustained protests increased significantly in 2016 from years past, yet the overall ...›

Litigation
December 12, 2016Protests & Litigation

November 2016 Protest Roundup

In November, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a good number of decisions.  We address below decisions on the following issues of interest:  (1) task orders versus contracts; (2) Government’s duty to inquire or clarify; and (3) post-protest Agency action. Kingdomware Technologies Does Not Hold that Task ...›

Litigation
December 1, 2016Protests & Litigation

Conference Committee Drops Controversial Bid Protest Reforms from NDAA FY 17, Opting Instead for More Study and a Higher Threshold for DoD Task Order Protests

Earlier this year, Congress toyed with the idea of significant reform to federal Government Accountability Office (“GAO”) bid protest procedures but in the end appears to have opted only to tinker with them and punt the issue into the next Congress. The proposed protest reforms were part of the Senate version of the National Defense ...›

Litigation
November 8, 2016Protests & Litigation

October 2016 Protest Roundup

In October, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued notable decisions addressing (1) competition, (2) price realism and best value, and (3) organizational conflicts of interest (“OCI”).  Below we address these decisions, which offer the protest bar further clarity regarding agency evaluation and award obligations. Competition Areaka Trading ...›

Litigation
September 26, 2016Protests & Litigation

A Road Less Traveled: Agency-Level Protests

An agency just messed up a procurement, and you want to protest.  Where do you go?  The vast majority of bid protests are filed with the Government Accountability Office (GAO).  A far smaller percentage of protests are brought as lawsuits before the Court of Federal Claims.  It is easy to forget there is a third ...›

Protests and Litigation
September 9, 2016Protests & Litigation

Department of Energy Rescinds $5 Billion Award Due to Contractor Sale After Bid Submission

A string of recent decisions have found the U.S. Government Accountability Office (GAO) struggling with the impact of corporate transactions on pending proposals. See FCi Federal, Inc., B-408558.7, B-408558.8, Aug. 5, 2015, 2015 CPD ¶ 245 (overturning award where “as a result of the sale . . . the original proposal, upon which the award decision was based, no longer reflects the intended approach to performance”); see also ...›

Litigation
September 6, 2016Protests & Litigation

August 2016 Protest Roundup

We’re rolling out a new monthly feature on our Government Contracts Insights blog, presenting a handful of interesting bid protests from the preceding month. Rather than exhaustively analyzing each decision, we will highlight a few protest grounds that we think are noteworthy or just good reminders for companies competing for contracts and agencies conducting procurements. ...›

Litigation
September 1, 2016Protests & Litigation

GAO Post-Award Protest Timeline

We’re excited to announce a new series of infographics on our Government Contracts Insights blog. These infographics will highlight key trends and tips for companies in the government contracting community. Our first infographic focuses on the GAO Post-Award Protest Timeline, providing an in-depth timeline from Day 1 to Day 100 along with tips to navigate the timeline most effectively. ...›