Topic Archives: Protests & Litigation

Protests and Litigation
October 4, 2017Protests & Litigation

September 2017 Bid Protest Roundup

This roundup of notable bid protest decisions issued in September 2017 highlights three decisions, two at the Government Accountability Office (GAO) and one at the Court of Federal Claims (COFC).  The first reminds us of the broadness of the discretion afforded a source selection official making a best-value tradeoff decision.  The second explores the line ...›

FCA

FY 2018 Forecasts: Cloudy Skies for False Claims and Storms on the Protest Horizon?

This is the first in a short series of forecasts from our Government Contracts partners on things to watch for in government contracts in Fiscal Year 2018.  For more in-depth discussions of current events and trends, please join us for our inaugural MoForward Event on October 26th at the Tysons Corner Ritz Carlton.  Click here ...›

Litigation
September 8, 2017Protests & Litigation

August 2017 Protest Roundup

There is no question that procurement regulations give agencies significant discretion at every step of the procurement process, and protesters often have a hard row to hoe to overcome the agency’s exercise of that discretion.  However, agencies often make that task easier by failing to provide full and logical explanations of their decisions that show ...›

Protests and Litigation

GAO Protective Orders (Post-Award Protest Primer #5)

Post-award protests generally involve arguments about confidential, source-selection sensitive information – proprietary bid and proposal material, past performance data, cost and pricing information, nonpublic agency estimates, and the judgments of agency evaluators and source selection personnel.  Neither the government nor the competitors want that sort of information to be disclosed to anyone without rigorous protections.  ...›

Litigation
July 31, 2017Protests & Litigation

July 2017 Protest Roundup

In July 2017, the Government Accountability Office (GAO) and the U.S. Court of Federal Claims issued decisions covering a number of issues.  We address the decisions below on the following issues of interest: (1) agency discretion not to engage in clarifications; (2) Procurement Integrity Act (PIA) and Organizational Conflicts of Interest (OCIs); (3) overly broad ...›

Protests and 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 ...›