Topic Archives: Protests & Litigation

Protests and Litigation
May 9, 2018Protests & Litigation

April 2018 Bid Protest Roundup

This month’s roundup summarizes decisions from each of the bid protest venues:  the Government Accountability Office (GAO), the Court of Federal Claims (COFC or the Court), and the Small Business Administration (SBA) Office of Hearings and Appeal (OHA).  These cases are noteworthy for practitioners that encounter issues with:  (1) prolonged, multi-phased procurements; (2) solicitation ambiguities; ...›

Protests and Litigation
April 10, 2018Protests & Litigation

March 2018 Bid Protest Roundup

In this roundup of interesting Government Accountability Office (GAO) protests released in March, we take a look at (1) the importance of having an adequate agency record; (2) the effect of asserting no data rights in a proposal; (3) the need for a protester to challenge the correct factors in its initial protest; and (4) ...›

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 ...›

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 ¶ ___, ...›

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., ...›

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 ...›