Deciphering the GAO’s Bid Protest Statistics for FY 2022
- Each year around this time, the U.S. Government Accountability Office (GAO) publishes its annual report to Congress on bid protests. Earlier this week, the GAO published the report for Fiscal Year (FY) 2022. The following are the updated statistics at a glance, in the... ›
September 2022 Bid Protest Roundup: Challenges to Corrective Action; Discarded Proposals, and Best Value Determinations
By: Lyle F. Hedgecock
This month’s Bid Protest Roundup covers three recent U.S. Government Accountability Office (GAO) decisions: a challenge to an agency’s decision to take corrective action, a protest that an agency unfairly ignored a proposal after an offeror disregarded revised instructions, and a successful protest of... ›August 2022 Bid Protest Roundup: Affiliate Experience, JV Registration
By: James A. Tucker
In this month’s bid protest roundup, we consider: (1) an exception to the normal rule governing reliance on affiliate experience and past performance; and (2) two different bid protests of very similar solicitation terms that reached opposite conclusions concerning whether a joint venture offeror must... ›June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo
By: Krista A. Nunez
This month’s 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 (“Court”). These decisions involve (1) the consequences of failing to scrutinize the terms of an indefinite-delivery indefinite-quantity... ›May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling
By: Alissandra Young McCann
This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different helpful reminder for contractors. The Court of Federal Claims decision is a reminder... ›March 2022 Bid Protest Roundup: Delayed Debriefings, Conflicts of Interest, and Insufficient Documentation
By: Lyle F. Hedgecock
This month’s Bid Protest Roundup covers two recent Government Accountability Office (GAO) decisions and a decision from the Court of Federal Claims. All involve defense procurements, but each offers a unique lesson for offerors and government procurement professionals. This Roundup features a protester that... ›OFCCP Signals Return to More Aggressive and Less Transparent Audits
By: Andrew R. Turnbull
In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the Trump Administration. Read the full client alert.... ›FAR Council Tightens Buy American Act Requirements
By: Markus Gerhard Speidel
Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued a final rule tightening the Buy American Act preference for domestic products and construction materials. The final rule makes only limited changes to the proposed rule we previously commented on. First , the... ›February 2022 Bid Protest Roundup: Key Personnel Changes, Agency Computer Glitches, and Ambiguous Solicitations
By: James A. Tucker
This month’s roundup considers three recent protests: (1) an important decision by the Court of Federal Claims rejecting controversial precedents of the U.S. Government Accountability Office (GAO) concerning key personnel unavailability; (2) a cautionary tale from the GAO, where an agency computer system prevented... ›Private Sector Directed to Be on Alert for Potential Russian Cyber Attacks
By: Tina D. Reynolds
As the Russian invasion of Ukraine becomes a protracted campaign, and as the United States and other countries impose sanctions and other penalties on Russia in response, the possibility of Russian cyberattacks directed at the West (or that spill from Ukraine) looms large. In... ›