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 ...›
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 ...›
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 ...›
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], ...›
Like the rest of the nation, and indeed the whole world, contractors today are fighting a war against an invisible enemy. As we observed in a previous post, responding to COVID-19 raises wartime contracting issues on the home front and abroad. In “Contracting in the Fog of War,” we reported on IAP Worldwide Servs., Inc., ...›
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 ...›
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 ...›
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, ...›
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, ...›
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 ...›