Topic Archives: Protests & Litigation

August 6, 2020Protests & Litigation

July Bid Protest Roundup (Law360 Spotlight)

In this month’s bid protest roundup (featured on Law360), we consider three protest decisions the GAO released in the month of July, each of which provides important guidance for companies competing for government contracts.  The first involves an unusual twist on an offeror’s obligation to report pre-award changes in the availability of key personnel.  The ...›

July 8, 2020Protests & Litigation

June 2020 Bid Protest Roundup (Law360 Spotlight)

While the global pandemic may still have still have much of the country on hold, this month’s installment of our monthly Law360 bid protest roundup makes clear that the Federal Courts are business as usual, with three decisions from the Court of Federal Claims and the Federal Circuit. The first decision, Utech Products, reaffirms the ...›

Defense

Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Base Access

In a previous post, we reported on ECC International, LLC, ASBCA No. 60484, Nov. 16, 2018, 18-1 BCA ¶ 37203, which rejected a contractor’s claims arising out of the Government’s closure of a key access route to a construction site in Afghanistan. The Armed Services Board of Contract Appeals (ASBCA, or “Board”) ruled that the ...›

June 8, 2020Protests & Litigation

May Bid Protest Roundup (Law360 Spotlight)

This month’s Law360 spotlight examines three protest decisions addressing first article testing, proprietary information in unsolicited proposals, and timely submittal of proposals. In SSI Technology[i], the U.S. Court of Federal Claims (COFC) found a sole source award for urgently needed parts appropriate where the disappointed offeror lacked a current first article test approval. In M3[ii], ...›

Try, Try Again

A recent defective pricing case, Alloy Surfaces Co., ASBCA No. 59625, 2020 WL 1896784, April 9, 2020, charmingly illustrates the Government’s doggedness in trying to reprice a contract using the Truth in Negotiations Act (TINA).  The Armed Services Board of Contracting Appeals did not buy into any of the Government’s arguments, finding that an undisclosed ...›

May 6, 2020Protests & Litigation

April Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight features a number of noteworthy decisions from the U.S. Government Accountability Office (GAO), Court of Federal Claims (COFC) and Federal Circuit.  Eskridge & Associates addresses the hurdles associated with establishing prejudice.  Abacus Technology Corporation discusses an agency’s requirement (or lack thereof) to conduct a price realism ...›

April 6, 2020Protests & Litigation

March Bid Protest Roundup (Law360 Spotlight)

Neither rain nor sleet nor quarantine restrictions stop bid protests or our monthly roundup.  Thus far the virus has not resulted in dramatic changes to GAO processes, as they have been almost completely electronic from the start.  It is possible, though, that contractors may see more written debriefings, debriefings conducted by phone, or delayed debriefings, ...›

Unprecedented Discovery Orders Vacated: Fourth Circuit Confirms Government Contractors Do Not Waive Privilege by Disclosing Facts Uncovered during an Internal Investigation under the FAR’s Mandatory Disclosure Rule

Lawyers often view a writ of mandamus to a Court of Appeals as a last-gasp—indeed, almost hopeless—stratagem.  But sometimes they are granted, particularly when the district court order they challenge is even more extraordinary.  That is what just happened in In re Fluor Intercontinental, Inc., No. 20-1241 (4th Cir. March 25, 2020).  In this case, ...›

March 6, 2020Protests & Litigation

February 2020 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight features three noteworthy decisions from the Government Accountability Office (“GAO”) concerning reprocurement contracts, timeliness rules, and discussions.  Steel Point Solutions, LLC addresses the proper scope of reprocurement contracts.  Vizocom provides a cautionary tale for contractors regarding late proposal submissions.  Finally, Education Development Center, Inc. addresses the ...›