Court of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction
- A recent decision, Independent Rough Terrain Center, LLC v. United States (“ IRTC ”), [1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of other transaction (“OTs”) for Department of Defense prototype projects. The... ›
Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency
By: Nicole E. Giles
The first decision, Kearney & Co. v. U.S. , explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services Administration federal supply schedule contracts.[1] The second details GAO... ›Has the GAO Opened the Door to Certain Other Transaction (OT) Bid Protests?
By: Locke Bell
Bid protests of other transaction agreements, also known as “OTs” or “OTAs,” are a common topic for this blog. These federal agreements differ from your everyday procurement contracts in that they are not subject to the Competition in Contracting Act (CICA), Federal Acquisition Regulation (FAR),... ›Bid Protest Spotlight: Unwitting Disclosure, Agency Deference
By: Roke Iko
This month’s Bid Protest Roundup highlights two Procurement Integrity Act (PIA) decisions from the U.S. Court of Federal Claims and one solicitation interpretation decision from the U.S. Government Accountability Office (GAO). Associated Energy Group v. U.S. In Associated Energy Group , the Court of... ›March 2024 Bid Protest Roundup: “Each Procurement Stands on Its Own”; Responsibility Determinations; Trade Agreement Act Compliance
By: James A. Tucker
In our bid protest roundup for March, we consider three recent decisions of the Government Accountability Office (GAO). The first explains why similar proposals for similar requirements under similar evaluation criteria may legitimately receive very different ratings from one procurement to the next. The... ›Bid Protest Spotlight: Conflict, Latent Ambiguity, Cost Realism
By: Markus Gerhard Speidel
This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting , highlights the risk of severing a teaming partner after quote submission. The second, Kauffman and Associates, Inc. , illustrates how a latent ambiguity in the... ›Bid Protest Spotlight: Standing, Brand-Name or Equal, Insufficient Documentation
By: Victoria Dalcourt Angle
This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit and two decisions from the U.S. Government Accountability Office (GAO). REV, LLC v. United States clarifies the elements required to establish prejudice and standing in multi-phase,... ›December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection
By: Lyle F. Hedgecock
This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in which the Court of Federal Claims found... ›An Overview of the Defense Department’s Long-Awaited Proposed Regulations for Its Cybersecurity Maturity Model Certification Program
By: Tina D. Reynolds
The U.S. Department of Defense released a special holiday treat for government contractors and subcontractors last week in the form of long-promised proposed regulations for its Cybersecurity Maturity Model Certification (CMMC) program. More than two years in the making, the current iteration of the... ›November 2023 Bid Protest Roundup
By: James A. Tucker
This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as two arguments that some will be surprised did not succeed. Matter of:... ›