Topic Archives: Protests & Litigation

February 10, 2020Protests & Litigation

January 2020 Bid Protest Roundup

This installment of our monthly Law360 bid protest bid protest spotlight examines three protest decisions addressing challenges to contractor performance assessment reports (“CPARs”), procurements through the General Services Administration’s (“GSA”) Federal Supply Schedules (“FSS”), and standing to protest. In Colonna’s Shipyard, Inc., the Court of Federal Claims opened its door to a bid protest ostensibly ...›

Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends

The Court of Federal Claims recently affirmed its jurisdiction to settle disputes over protective markings in Raytheon Co. v. United States.[i]  In that case, Raytheon asked the Court to review a contracting officer’s demand that Raytheon replace its common proprietary, not-subject-to-release-under-FOIA[ii] marking with the “Government Purpose Rights” legend prescribed by the DFARS. [iii] Among other ...›

Protests and Litigation
January 21, 2020Protests & Litigation

2019 Protest Roundup

This installment of our Law360 bid protest spotlight examines two protest decisions released in December, provides a year-end review of key bid protest decisions from 2019, and discusses a few takeaways from the U.S. Government Accountability Office‘s fiscal year 2019 report on its bid protest decisions. December Cases T3I Solutions, LLC, B-418034, B-418034.2, Dec. 13, ...›

January 15, 2020Compliance, Protests & Litigation

Defective Certifications: Where to Draw the Line?

Somewhat surprisingly, the end of 2019 provided two decisions regarding defective certifications, including one from the Federal Circuit. The first case, Kirlin Builders, LLC, ASBCA No. 61901, reminds readers that a defective certification, as opposed to no certification at all, is a correctable error so long as it is made before the issuance of a ...›

December 6, 2019Protests & Litigation

November 2019 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly bid protest Law360 spotlight examines four protest decisions released in November 2019.  In Inserso, GAO clarifies that a technical acceptability requirement is not equivalent to a lowest-price technically acceptable procedure.  In Chromalloy, the Court of Federal Claims decided that the technical requirement of an intellectual property license from a third ...›

MoFo’s Kevin Mullen to Speak at PubKGroup’s Annual Review 2019

On Thursday, December 12, 2019, Morrison & Foerster Government Contracts practice Co-Chair Kevin Mullen will once again be a featured speaker at PubKGroup’s Annual Review 2019 webinar. The program will feature over 20 speakers from government, industry, and private practice to speak on the latest legislative and regulatory developments in contracts law. Kevin will moderate ...›

November 25, 2019Protests & Litigation

GAO Bid Protest Statistics for FY 2019

The Government Accountability Office (GAO) has released its report on bid protest statistics for Fiscal Year 2019. As in past years, the GAO’s figures count supplemental protests by the same protester and other parties’ protests of the same procurement as separate cases. This means a few heavily challenged procurements can result in numbers that may ...›

November 11, 2019Protests & Litigation

October 2019 Bid Protest Round-Up

This installment of our monthly bid protest Law360 spotlight examines three protest decisions released in October 2019.  In the first decision, Akira Technologies, Inc. v. United States, COFC No. 19-1160C (Fed. Cl. Oct. 10, 2019), the Court of Federal Claims (COFC) concluded that it does not have jurisdiction to review task order modifications.  In the ...›

October 7, 2019Protests & Litigation

September 2019 Bid-Protest Roundup

This installment of our monthly bid protest Law360 spotlight examines three protest decisions released in September 2019. The first decision, ServeFed, Inc., B-417708, September 18, 2019, 2019 CPD ¶ ___, discusses the Government Accountability Office’s (GAO) task-order jurisdiction. The second decision, Far North Forestry, LLC, B-417502.2, September 25, 2019, 2019 CPD ¶ ___, focuses on agency discretion ...›