Topic Archives: Protests & Litigation

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 ...›

September 5, 2018Protests & Litigation

August 2018 Bid Protest Roundup

This month, we bring you three bid protests from three fora.  The first is not a decision at all, but an interesting dissenting opinion from two judges of the Court of Appeals for the Federal Circuit, calling into question that court’s recent narrowing of the Court of Federal Claims’ (COFC) jurisdiction over certain kinds of ...›

Federal Procurement

“Workin’ Nine to Five” – But Not in a Government Office: Requesting a Debriefing

In Exceptional Software Strategies, Inc., B-416232, the Government Accountability Office (GAO) recently addressed the obscure rules for when a disappointed offeror must request a debriefing.  It’s generally well known that, in procurements where offerors may have a right to debriefings, a disappointed offeror must submit a written request to the contracting officer within three days ...›

August 2, 2018Protests & Litigation

July 2018 Bid Protest Roundup

This month’s roundup discusses three noteworthy decisions from the Government Accountability Office (GAO) covering timeliness, premature claims, and competitive range exclusion notice, and one decision from the Court of Federal Claims regarding third-party intervention. These cases serve as important reminders for protesters and awardees. Government Accountability Office 1. CWIS, LLC, B-416544, July 12, 2018 – ...›

Protests and Litigation
July 5, 2018Protests & Litigation

June 2018 Bid Protest Roundup

This month’s roundup features one noteworthy decision from the Court of Federal Claims (COFC) regarding improper agency corrective action, and two decisions from the Government Accountability Office (GAO) concerning unequal access type organizational conflicts of interest (OCIs). Court of Federal Claims Centerra Group, LLC v. United States and Paragon Systems, Inc., No. 18-219C, e-filed June 7, ...›

Protests and Litigation
June 7, 2018Protests & Litigation

May 2018 Bid Protest Roundup

This month’s roundup features three noteworthy decisions from the Government Accountability Office (“GAO”) concerning timeliness, sole source awards, and organizational conflicts of interest (“OCIs”).  The first offers some novel thoughts on when a pre-award protest is appropriately brought to GAO, and the others serve as important reminders to contractors about what matters are worth protesting ...›

Protests and Litigation
May 23, 2018Protests & Litigation

A New Bid Protest Timeliness Trap: Pre-Award Laches

On this blog, we frequently discuss the various timeliness traps that can undermine bid protests at the Government Accountability Office (GAO).  A recent bid protest decision from the Court of Federal Claims addresses a timeliness trap that is rare and has never before been spotted in the wild, but that could ensnare a protester under ...›

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) ...›