Topic Archives: Protests & Litigation

Defense

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 ...›

Litigation
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 ...›

Defense
November 16, 2017Defense, Protests & Litigation

What Contractors Need to Know about the Proposed FY 2018 NDAA

On November 9, 2017, Congress released its conference report on the FY 2018 National Defense Authorization Act.  The NDAA coming out of the conference committee contains numerous provisions that would affect government contractors.  Below we address five of the most significant issues for government contractors in the proposed NDAA – Bid Protests, Debriefings, the Space ...›

Protests and Litigation
November 9, 2017Protests & Litigation

October 2017 Bid Protest Roundup

This month’s bid protest roundup discusses five decisions covering corrective action, an agency’s evaluation discretion, the “late-is-late” rule, intervening at the Court of Federal Claims (COFC), and Small Business Administration (SBA) status protests.  These cases serve as important reminders for protesters and awardees, and identify a few issues that continue to change at the various ...›

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 Bid 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.  ...›