Topic Archives: Protests & Litigation

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 ...›

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 ...›