Government Contracts Insights

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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July 11, 2022 - Protests & Litigation
June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo
By: Krista A. Nunez
This month’s bid protest roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (“Court”). These decisions involve (1) the consequences of failing to scrutinize the terms of an indefinite-delivery indefinite-quantity
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June 09, 2022 - Protests & Litigation
May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling
By: Alissandra Young McCann
This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different helpful reminder for contractors. The Court of Federal Claims decision is a reminder
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April 09, 2022 - Protests & Litigation
March 2022 Bid Protest Roundup: Delayed Debriefings, Conflicts of Interest, and Insufficient Documentation
By: Lyle F. Hedgecock
This month’s Bid Protest Roundup covers two recent Government Accountability Office (GAO) decisions and a decision from the Court of Federal Claims. All involve defense procurements, but each offers a unique lesson for offerors and government procurement professionals. This Roundup features a protester that
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April 07, 2022 - Protests & Litigation
OFCCP Signals Return to More Aggressive and Less Transparent Audits
By: Andrew R. Turnbull
In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the Trump Administration. Read the full client alert.
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Topic Archives: Protests & Litigation

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

June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo

By: Krista A. Nunez

May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling

By: Alissandra Young McCann

March 2022 Bid Protest Roundup: Delayed Debriefings, Conflicts of Interest, and Insufficient Documentation

By: Lyle F. Hedgecock

OFCCP Signals Return to More Aggressive and Less Transparent Audits

By: Andrew R. Turnbull