Topic Archives: Protests & Litigation

January 21, 2022Protests & Litigation

Updates to Task Force Guidance | District Courts Follow Different Reasoning to Hold Executive Order 14042 Invalid: Circuit Courts to Determine Which Arguments Succeed or Fail

The fast and furious Jenga game over when and with which federal vaccine mandate a company must comply might finally have reached a turning point. On January 13, 2022, the Supreme Court issued dual per curiam opinions in which it blocked the Occupational Safety and Health Administration’s (“OSHA’s”) emergency temporary standards (“ETS”), otherwise known as the “vaccine ...›

January 10, 2022Protests & Litigation

December 2021 Bid Protest Roundup

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in the proposal process, (2) the requirements for an agency’s brand-name justification, and (3) whether there is a presumption of prejudice if a protester ...›

December 10, 2021Protests & Litigation

November 2021 Bid Protest Roundup

This month’s Law360 Bid Protest Roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (COFC). These decisions involve (1) the consequences of key personnel unavailability that occurs during corrective action following a protest, (2) the government’s exposure to sanctions for failing ...›

December 1, 2021Protests & Litigation

GAO Finds CIO-SP4 Solicitation Is Unduly Restrictive of Competition

The Chief Information Officer-Solutions and Partners 4 (CIO-SP4) procurement of the National Institutes of Health’s Information Technology Acquisition and Assessment Center (NITAAC) has garnered a great deal of attention. With confusion over evaluation criteria, a string of last-minute solicitation amendments and reversals, short extensions of the rushed due dates for proposals, and a series of major ...›

November 23, 2021Protests & Litigation

Subcontractor Data Rights Challenges: A Need For Clarity

MoFo’s Jay DeVecchio and Locke Bell recently published an article in Thomson Reuters’ The Government Contractor. The article, titled, “Subcontractor Data Rights Challenges: A Need For Clarity,” offers practical advice about how subcontractors should handle a DoD technical data validation challenge in light of contradictory and confusing provisions in the data validation clauses. The article can ...›

November 10, 2021Protests & Litigation

OCTOBER 2021 BID PROTEST ROUNDUP

This month’s Law360 Bid Protest Roundup features three cases from the Court of Federal Claims (COFC). The court’s decisions provide important insights into bid protest standing, challenges to Small Business Innovation Research (SBIR) decisions under bid protest jurisdiction, and the significance of timely filing requests for intervention. Aero Spray In multiple-award indefinite delivery/indefinite quantity (IDIQ) contracts, parties ...›

October 6, 2021Protests & Litigation

September 2021 Bid Protest Roundup

This month’s Law360 Bid Protest Roundup focuses on one recent U.S. Court of Federal Claims decision, as well as two Government Accountability Office (GAO) decisions. All three involve solicitations issued by the Department of Veterans Affairs (VA), but each serves as a different, important reminder for disappointed offerors seeking to have their own protests sustained. Land Shark Shredding[1] In Land ...›