Topic Archives: Protests & Litigation

January 6, 2021Protests & Litigation

December 2020/Annual Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight examines four recent protest decisions from the U.S. Government Accountability Office (“GAO”), discusses a few key takeaways from the GAO’s annual report, and provides a year-end review of key bid protest decisions from 2020. This year’s GAO report is particularly interesting because the “effectiveness rate,” which ...›

December 8, 2020Protests & Litigation

November 2020 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight examines three protest decisions from three different forums: one from the Government Accountability Office (GAO), one from the U.S. Court of Appeals for the Federal Circuit, and one from U.S. Court of Federal Claims (COFC). In Mayatech Corp., the GAO addressed its jurisdiction to hear bid ...›

November 24, 2020Protests & Litigation

A Rose by Any Other Name: Offeror Remained the Same Entity for Bidding Purposes Despite Converting From a Corporation to a Limited Liability Company

We have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement.  In numerous bid protest decisions, the U.S. Government Accountability Office (GAO) has sketched the outlines of when a transaction does, and when it does not, call ...›

November 9, 2020Protests & Litigation

October 2020 Bid Protest Roundup (Law360 Spotlight)

In the latest installment of our bid protest spotlight (featured on Law360), we analyze three Government Accountability Office (GAO) decisions that provide important reminders for companies considering whether to protest a contract award. In Chronos Solutions, LLC, the GAO held it was unreasonable for an agency to construct its procurement without regard for the changed ...›

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 ...›