Topic Archives: Protests & Litigation

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 ...›

Litigation
July 5, 2017Protests & Litigation

June 2017 Protest Roundup

In June 2017, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued decisions covering a number of issues.  We address the decisions below on the following issues of interest: (1) price evaluation; (2) Federal Supply Schedule contracting; (3) standing and prejudice; and (4) agency discretion in evaluating technical proposals. Price ...›

Compliance
June 12, 2017Compliance, Protests & Litigation

O Ye of Little Faith: Breaching the Duty of Good Faith and Fair Dealing While Complying with the Express Terms of a Government Contract

In contracts – and especially in government contracts, where one is expected to “turn square corners” – we often analyze breach of contract in light of the jots and tittles of a contract’s express terms.  And, in bringing a Contract Disputes Act (CDA) claim against the Government based upon an alleged breach, one’s focus usually ...›

Litigation
June 7, 2017Protests & Litigation

May 2017 Protest Roundup

In May, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a number of decisions, many of which can be categorized as “back-to-basics” decisions.  We address below decisions on the following issues of interest: (1) complying with solicitation requirements; and (2) the importance of the performance work statements in resolving ...›