Topic Archives: Protests & Litigation

Protests and Litigation
July 20, 2017Protests & Litigation

Bid Protest Remedies (Post-Award Protest Primer #4)

We’ve discussed debriefings and the timelines and timeliness rules that apply to post-award protests.  Today we’ll discuss remedies.  If you file a protest to challenge a contract award and you win the protest, that means you win the contract, right?  Well, certainly not immediately.  And, depending on the facts, maybe not at all. A protester ...›

Protests and Litigation
July 13, 2017Protests & Litigation

Timeliness and Timelines (Post-Award Protest Primer #3)

Now that we’ve discussed the award letter and debriefings, we’ll move on to next steps: timeliness of initial protest filings and the protest timeline.  In the context of all post-award debriefings, there are two timeliness considerations.  First, meeting the GAO’s timeliness requirements and, second, whether the filing will result in an automatic stay.  Having discussed ...›

Protests and Litigation
July 6, 2017Protests & Litigation

Debriefings (Post-Award Protest Primer #2)

You just received an email:  “We appreciate your interest in the XYZ procurement.  The Agency determined that your proposal did not represent the best value to the Government.  Award has been made to Acme Corp. at a price of $50,000,000.”  After kicking your trashcan across the office, what do you do next? If the procurement ...›

Litigation
July 5, 2017Protests & Litigation

June 2017 Protest Roundup

In June 2017, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued decisions covering a number of issues.  We address the decisions below on the following issues of interest: (1) price evaluation; (2) Federal Supply Schedule contracting; (3) standing and prejudice; and (4) agency discretion in evaluating technical proposals. Price ...›

Compliance
June 12, 2017Compliance, Protests & Litigation

O Ye of Little Faith: Breaching the Duty of Good Faith and Fair Dealing While Complying with the Express Terms of a Government Contract

In contracts – and especially in government contracts, where one is expected to “turn square corners” – we often analyze breach of contract in light of the jots and tittles of a contract’s express terms.  And, in bringing a Contract Disputes Act (CDA) claim against the Government based upon an alleged breach, one’s focus usually ...›

Litigation
June 7, 2017Protests & Litigation

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions.  We address below decisions on the following issues of interest: (1) complying with solicitation requirements; and (2) the importance of the performance work statements in resolving ...›

Protests and Litigation
May 25, 2017Protests & Litigation

MoFo Webinar: Bid Protests – From Soup to Nuts

On May 30, 2017, 1-2PM EST, Morrison & Foerster partner Dan Chudd and associate Jim Tucker will present a Federal Publications webinar, “Bid Protests – From Soup to Nuts”. The webinar will cover bid protests from start to finish, with a focus on tips for how to litigate bid protests and suggestions on when to ...›