Topic Archives: Protests & Litigation

Protests and Litigation
May 16, 2017Protests & Litigation

Uncharted Territory: Protestor Files Suit Challenging GAO’s Redaction Policy

We’ll be watching with interest as Pond Constructors, Inc. v. Government Accountability Office, No. 1:17-cv-00881, makes its way through the U.S. District Court for the District of Columbia.  Following an unsuccessful bid protest, Pond Constructors, Inc. (“Pond”) proposed to redact from the Government Accountability Office’s (“GAO’s”) final decision the procuring agency’s source selection analysis of ...›

Litigation
May 8, 2017Protests & Litigation

April 2017 Protest Roundup

Our monthly bid protest roundup for April identifies decisions by the Government Accountability Office (GAO) and the Court of Federal Claims on issues concerning:  small businesses’ right to a certificate of competency review from the Small Business Administration before being excluded for responsibility-like reasons; how potentially problematic organizational conflicts of interests can and should be ...›

Litigation
April 4, 2017Protests & Litigation

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once again) the Late Is Late rule. CSR, Inc., B-413973; B-413973.2, Jan. 13, 2017:  GAO affords agencies great deference in their value judgments as ...›

Litigation
March 23, 2017Compliance, Protests & Litigation

CBCA Affirms It Cannot Direct an Agency to Revise a CPAR

The Civilian Board of Contract Appeals (CBCA) recently affirmed that it would follow the Court of Federal Claims (COFC) and Armed Services Board of Contract Appeals (ASBCA) in refusing to direct an agency to revise a Contract Performance Assessment Report (CPAR). Compucraft, Inc. v. General Services Administration, CBCA 5516, 17-1 BCA ¶ _______. This decision ...›

Litigation
March 8, 2017Protests & Litigation

February 2017 Protest Roundup

In February 2017, the Government Accountability Office (GAO) publicly released notable decisions addressing (1) the effect of the temporary lapse in GAO’s civilian task order jurisdiction; (2) discussions, clarifications, and communications; (3) reimbursement of protest costs for an agency’s failure to take prompt corrective action; and (4) unduly restrictive agency specifications.  We discuss the most ...›

Litigation
February 1, 2017Protests & Litigation

January 2017 Protest Roundup

Two common themes run through the cases we have chosen for this month’s bid protest roundup.  The first three decisions explore some pitfalls relating to the timeliness of proposals and protest grounds.  The last two highlight the fact that the Government Accountability Office’s (GAO) well-known deference to agency discretion does not extend to matters where ...›

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 ...›