Topic Archives: Protests & Litigation

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 ...›

Protests and Litigation
May 25, 2017Protests & Litigation

MoFo Webinar: Bid Protests – From Soup to Nuts

On May 30, 2017, 1-2PM EST, Morrison & Foerster partner Dan Chudd and associate Jim Tucker will present a Federal Publications webinar, “Bid Protests – From Soup to Nuts”. The webinar will cover bid protests from start to finish, with a focus on tips for how to litigate bid protests and suggestions on when to ...›

Protests and Litigation
May 16, 2017Protests & Litigation

Uncharted Territory: Protestor Files Suit Challenging GAO’s Redaction Policy

We’ll be watching with interest as Pond Constructors, Inc. v. Government Accountability Office, No. 1:17-cv-00881, makes its way through the U.S. District Court for the District of Columbia.  Following an unsuccessful bid protest, Pond Constructors, Inc. (“Pond”) proposed to redact from the Government Accountability Office’s (“GAO’s”) final decision the procuring agency’s source selection analysis of ...›

Litigation
May 8, 2017Protests & Litigation

April 2017 Protest Roundup

Our monthly bid protest roundup for April identifies decisions by the Government Accountability Office (GAO) and the Court of Federal Claims on issues concerning:  small businesses’ right to a certificate of competency review from the Small Business Administration before being excluded for responsibility-like reasons; how potentially problematic organizational conflicts of interests can and should be ...›

Litigation
April 4, 2017Protests & Litigation

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once again) the Late Is Late rule. CSR, Inc., B-413973; B-413973.2, Jan. 13, 2017:  GAO affords agencies great deference in their value judgments as ...›