Topic Archives: Protests & Litigation

October 7, 2020Protests & Litigation

September 2020 Bid Protest Roundup (Law360 Spotlight)

This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (GAO).  The first, Sumaria Systems, Inc., evaluates whether an agency’s use of the highest technically rated, reasonably priced offeror methodology violates the Federal Acquisition Regulations (FAR).  The second, AT & T Corporation, examines a conflict of interest wherein ...›

September 10, 2020Protests & Litigation

August 2020 Bid Protest Roundup (Law360 Spotlight)

This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers[i], examines potential conflicts of interest arising out of the government’s reliance on contractors in its acquisition process. The second and third, Prudential Protective Services[ii] and CGI Federal[iii], offer precautionary tales for would-be protesters. In ...›

August 6, 2020Protests & Litigation

July 2020 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 Worksite’s Security

We have previously written about the challenges contractors face when pursuing costs incurred because of combat zone risks.  These risks, and the resulting costs, can be unpredictable and are not always compensable.  In ECC Int’l Constructors, LLC, ASBCA No. 59138, 19-1 BCA ¶ 37252 (Jan. 24, 2019), for example, the Armed Services Board of Contract ...›

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 ...›