Topic Archives: Protests & Litigation

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 ...›


DOD Protest Reform: Initial Thoughts on the Congressionally-Mandated RAND Report

The RAND Corporation’s much-awaited report assessing bid protests of Department of Defense (DOD) procurements is out.  The report fulfills a Congressional mandate in the National Defense Authorization Act (NDAA) for FY 2017 to analyze a variety of issues relating to protests of DOD acquisitions.  The report appears to be thorough and well balanced and contains ...›

January 9, 2018Protests & Litigation

2017 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 2017.  The number of protests, merits decisions, and sustained protests dropped slightly in 2017 from years past, yet the overall ...›

Protests and Litigation
December 7, 2017Protests & Litigation

November 2017 Bid Protest Roundup

This roundup of interesting bid protest decisions issued in November 2017 highlights two decisions, both at the Government Accountability Office (“GAO”).  The first reminds contractors that competitors can work together when failing to do so will result in bad procurement precedence that will cause them future competitive harm.  The second reminds contractors that it may ...›