Government Contracts Insights

May 08, 2023 - Protests & Litigation
April 2023 Bid Protest Roundup: Nonofferor Protest, Irrational Analysis
By: Caitlin A. Crujido
This month’s Bid Protest Round-Up examines two recent decisions by the U.S. Court of Federal Claims (“COFC”). The first, Percipient.AI , Inc. v. United States , COFC No. 23-28C, involves the protest by a non-offeror of a contract awarded over two years ago. The
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April 13, 2023 - Protests & Litigation
March 2023 Bid Protest Roundup: Review, Self-Certification
By: Victoria Dalcourt Angle
This month's bid protest spotlight considers two recent protests. J.E. McAmis Inc. v. U.S. is an important decision by the U.S. Court of Federal Claims concerning the court's lack of authority to review the U.S. Small Business Administration's issuance of a certificate of competency.
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March 08, 2023 - Protests & Litigation
February 2023 Bid Protest Roundup: Lessons For Joint Ventures
By: Alissandra Young McCann
The common theme of this month’s Law360 Bid Protest Roundup is a seemingly hot topic these days: joint ventures. One recent Government Accountability Office (“GAO”) decision and one recent U.S. Court of Federal Claims (“COFC”) decision both touch upon past performance issues related to joint
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February 06, 2023 - Protests & Litigation
January 2023 Bid Protest Roundup: Size Protests, Blue & Gold, Sole Source
By: Lyle F. Hedgecock
Since the January Bid Protest Roundup marks the beginning of February, we begin with a takeaway that needs no supporting authority beyond common sense: if you have not already done so, get your Valentine’s Day gift now. And, like a box of chocolates desperately
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January 13, 2023 - Protests & Litigation
December 2022 Bid Protest Roundup: Misrepresentations of Key Personnel, Mandatory-Source Saga Continued
By: Victoria Dalcourt Angle
This month’s Bid Protest Roundup considers two recent protests: (1) an important decision by the U.S. Government Accountability Office (GAO) concerning the awardee’s misrepresentation of the availability of key personnel, and (2) a U.S. Court of Federal Claims (COFC) protest on remand from the
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December 08, 2022 - Protests & Litigation
November 2022 Bid Protest Roundup: Best-Value Tradeoffs, Solicitations
By: Markus Gerhard Speidel
Sometimes a comparison of cases best illustrates the law. This month we analyze a double pair of recent GAO decisions. First, in CharDonnay and Triple Canopy , we compare decisions dissecting the merits of best-value determinations. Second, in Orlans and Cellco , we contrast pre-award challenges to
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November 09, 2022 - Protests & Litigation
October 2022 Bid Protest Roundup: 'Late-Is-Late' Rule, Compensation Plans
By: Roke Iko
This month’s Bid Protest Roundup focuses on one recent Court of Federal Claims decision and two Government Accountability Office (GAO) decisions. These decisions involve (1) interpretations of the “late-is-late” rule, (2) past performance evaluation requirement under FAR 16.505, and (3) required evaluation of proposed
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November 07, 2022 - Protests & Litigation
Deciphering the GAO’s Bid Protest Statistics for FY 2022
By: James A. Tucker
Each year around this time, the U.S. Government Accountability Office (GAO) publishes its annual report to Congress on bid protests. Earlier this week, the GAO published the report for Fiscal Year (FY) 2022. The following are the updated statistics at a glance, in the
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October 13, 2022 - Protests & Litigation
September 2022 Bid Protest Roundup: Challenges to Corrective Action; Discarded Proposals, and Best Value Determinations
By: Lyle F. Hedgecock
This month’s Bid Protest Roundup covers three recent U.S. Government Accountability Office (GAO) decisions: a challenge to an agency’s decision to take corrective action, a protest that an agency unfairly ignored a proposal after an offeror disregarded revised instructions, and a successful protest of
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September 12, 2022 - Protests & Litigation
August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration
By: James A. Tucker
In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that reached opposite conclusions concerning whether a joint venture offeror must
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Topic Archives: Protests & Litigation

April 2023 Bid Protest Roundup: Nonofferor Protest, Irrational Analysis

By: Caitlin A. Crujido

March 2023 Bid Protest Roundup: Review, Self-Certification

By: Victoria Dalcourt Angle

February 2023 Bid Protest Roundup: Lessons For Joint Ventures

By: Alissandra Young McCann

January 2023 Bid Protest Roundup: Size Protests, Blue & Gold, Sole Source

By: Lyle F. Hedgecock

December 2022 Bid Protest Roundup: Misrepresentations of Key Personnel, Mandatory-Source Saga Continued

By: Victoria Dalcourt Angle

November 2022 Bid Protest Roundup: Best-Value Tradeoffs, Solicitations

By: Markus Gerhard Speidel

October 2022 Bid Protest Roundup: 'Late-Is-Late' Rule, Compensation Plans

By: Roke Iko

Deciphering the GAO’s Bid Protest Statistics for FY 2022

By: James A. Tucker

September 2022 Bid Protest Roundup: Challenges to Corrective Action; Discarded Proposals, and Best Value Determinations

By: Lyle F. Hedgecock

August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration

By: James A. Tucker