Topic Archives: Protests & Litigation

Litigation
March 8, 2017Protests & Litigation

February 2017 Protest Roundup

In February 2017, the Government Accountability Office (GAO) publicly released notable decisions addressing (1) the effect of the temporary lapse in GAO’s civilian task order jurisdiction; (2) discussions, clarifications, and communications; (3) reimbursement of protest costs for an agency’s failure to take prompt corrective action; and (4) unduly restrictive agency specifications.  We discuss the most ...›

Litigation
February 1, 2017Protests & Litigation

January 2017 Protest Roundup

Two common themes run through the cases we have chosen for this month’s bid protest roundup.  The first three decisions explore some pitfalls relating to the timeliness of proposals and protest grounds.  The last two highlight the fact that the Government Accountability Office’s (GAO) well-known deference to agency discretion does not extend to matters where ...›

Litigation
January 10, 2017Protests & Litigation

2016 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 2016.  The number of protests, merits decisions, and sustained protests increased significantly in 2016 from years past, yet the overall ...›

Litigation
December 12, 2016Protests & Litigation

November 2016 Protest Roundup

In November, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) published a good number of decisions.  We address below decisions on the following issues of interest:  (1) task orders versus contracts; (2) Government’s duty to inquire or clarify; and (3) post-protest Agency action. Kingdomware Technologies Does Not Hold that Task ...›

Litigation
December 1, 2016Protests & Litigation

Conference Committee Drops Controversial Bid Protest Reforms from NDAA FY 17, Opting Instead for More Study and a Higher Threshold for DoD Task Order Protests

Earlier this year, Congress toyed with the idea of significant reform to federal Government Accountability Office (“GAO”) bid protest procedures but in the end appears to have opted only to tinker with them and punt the issue into the next Congress. The proposed protest reforms were part of the Senate version of the National Defense ...›

Litigation
November 8, 2016Protests & Litigation

October 2016 Protest Roundup

In October, the Government Accountability Office (“GAO”) and the U.S. Court of Federal Claims (“COFC”) issued notable decisions addressing (1) competition, (2) price realism and best value, and (3) organizational conflicts of interest (“OCI”).  Below we address these decisions, which offer the protest bar further clarity regarding agency evaluation and award obligations. Competition Areaka Trading ...›

Litigation
September 26, 2016Protests & Litigation

A Road Less Traveled: Agency-Level Protests

An agency just messed up a procurement, and you want to protest.  Where do you go?  The vast majority of bid protests are filed with the Government Accountability Office (GAO).  A far smaller percentage of protests are brought as lawsuits before the Court of Federal Claims.  It is easy to forget there is a third ...›