Topic Archives: Protests & Litigation

March 9, 2021Protests & Litigation

February 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a Federal Circuit decision clarifying the protest timelines applicable for triggering a stay of contract performance; and (3) a decision reaffirming the ...›

U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides in Bitmanagement

The Federal Circuit handed a substantial victory to Bitmanagement Software GMBH last week, finding the U.S. Navy had infringed the company’s copyright by installing its three-dimensional visualization software on hundreds of thousands of government computers without using license-tracking software to monitor and limit the number of simultaneous users.  The court’s decision is significant, not only ...›

February 9, 2021Protests & Litigation

January 2021 Bid Protest Roundup (Law360 Spotlight)

This month’s Law360 bid protest spotlight examines three recent protest decisions, each offering a cautionary tale to offerors in the stages prior to contract award.  The first, HWI Gear[i], emphasizes the requirement for small businesses undergoing an acquisition to recertify their size status on their pending proposals.  In the next, Perspecta[ii], the Court of Federal ...›

February 8, 2021Protests & Litigation

Stays of Performance During a GAO Bid Protest: Federal Circuit Says That Five Days After the Debriefing Date Means Five Days After the Debriefing Date

The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States, reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract performance in post-award protests to the Government Accountability Office (GAO). Last year, we briefly discussed an unusual ...›

February 3, 2021Protests & Litigation, Small Business

Small Business Administration (SBA) Programs (Guide 2 of 4)

Many government programs exist to help small businesses—especially minority-owned small businesses—secure a foothold in government contracting.  Read on to learn more about some common programs, the basic eligibility requirements, and how to register for them.  These programs are quite complicated and you should consult counsel if you have questions regarding whether you qualify.  Note: misunderstandings ...›

January 27, 2021Protests & Litigation

Companies Pay Criminal Penalties and Compensation for Undermining Competition

On Tuesday, January 19, 2021, the Department of Justice announced charges against two providers of foreign language services for conspiracy to defraud the government on a multimillion dollar contract by impeding, impairing, obstructing, and defeating competitive bidding. The two companies, Comprehensive Language Center Inc. (CLCI) and Berlitz Languages Inc. (Berlitz), have admitted to the charges. ...›

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 ...›