Topic Archives: Protests & Litigation

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 ...›

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 ...›