Topic Archives: Protests & Litigation

Intellectual Property

Pub K’s Annual Review Webcast: MoFo Partners Jay DeVecchio and Kevin Mullen Speaking

On December 12, 2018, MoFo partners Jay DeVecchio and Kevin Mullen will participate in Pub K’s Annual Review LIVE Webcast. The Annual Review will provide analysis, updates, and outlook for government contracting professionals for FY 18-19. Jay’s panel, “Intellectual Property, Information Technology & Cybersecurity” will be held from 11:00AM-11:50AM. Kevin’s panel, “Protests” will be held ...›

Protests and Litigation
December 5, 2018Protests & Litigation

November 2018 Bid Protest Roundup

For this month’s bid protest roundup, we have identified four diverse bid protest decisions coming out of the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims.  The first two, CDO Technologies and Facility Services, remind would-be protesters of the dangers that may lie in waiting for a complete picture of the facts ...›

November 9, 2018Protests & Litigation

October 2018 Bid Protest Roundup

This month’s bid protest round-up takes a closer look at an agency’s discretion to take corrective action, as well as potential pitfalls with joint ventures and subsidiaries, and clarification on protest timing with the DoD debriefing rules. Dell Federal Systems, L.P., et al. United States, No. 2017-2516 et al. (Fed. Cir. Oct. 5, 2018). In ...›

Compliance
October 11, 2018Compliance, Protests & Litigation

Federal Circuit Overrules Court of Federal Claims: Agencies Need Not Narrowly Tailor Corrective Action

In an important new decision, the Court of Appeals for the Federal Circuit rejected a line of Court of Federal Claims case law that required agencies to “narrowly tailor” corrective action to fit the procurement errors the action is intended to resolve. Procedural History In Dell Federal Systems, L.P. v. United States, the Federal Circuit ...›

October 9, 2018Protests & Litigation

September 2018 Bid Protest Roundup

This month’s round-up covers a slew of interesting bid protests from the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) covering the most recent case in the Department of Education debt collection saga, responsibility matters, standing, and corporate restructuring. FMS Investment Corp., et al. v. United States and Alltran Education, Inc., No. ...›

Federal Procurement

GAO Sharpening its Blade [Strategies] on OTA Review

The Government Accountability Office’s (GAO) recent decision in Blade Strategies, LLC, B-416752, 2018 WL 4584111 (Comp. Gen. Sept. 24, 2018), clarifies the GAO’s jurisdiction and standard of review for protests of other transaction agreements (OTAs), and also serves as a good reminder that all protests challenging an aspect of an agency’s solicitation — including the ...›

Defense
September 24, 2018Compliance, Defense, Protests & Litigation

Increased Security Risks May Be a Cardinal Change

Former Secretary of Defense Donald Rumsfeld once explained that there are the known unknowns and the unknown unknowns.  Some greeted that gnomic pronouncement with bemused smiles.  But contractors operating in a contingency environment know exactly what he was talking about.  No mere mortal can accurately predict, much less price, all of the risks involved in ...›