Government Contracts Insights

July 11, 2022 - Protests & Litigation
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
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June 09, 2022 - Protests & Litigation
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
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April 09, 2022 - Protests & Litigation
March 2022 Bid Protest Roundup: Delayed Debriefings, Conflicts of Interest, and Insufficient Documentation
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
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April 07, 2022 - Protests & Litigation
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.
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March 31, 2022 - Protests & Litigation
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
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March 07, 2022 - Protests & Litigation
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
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March 01, 2022 - Protests & Litigation
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
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February 22, 2022 - Protests & Litigation
January 2022 Bid Protest Roundup
By: Locke Bell
This month’s bid protest roundup begins with two decisions, one from the Small Business Administration’s Office of Hearings and Appeals (OHA) and another from the Government Accountability Office (GAO), highlighting potential pitfalls that await offerors that undergo a merger, acquisition, or other corporate transaction
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February 09, 2022 - Protests & Litigation
Unavailable Key Personnel: Differing Legal Standards at the Gao and Court of Federal Claims
By: Damien C. Specht and James A. Tucker
An interesting new bid protest decision from the U.S. Court of Federal Claims articulates a rule for pre-award key personnel unavailability that is very different from the one employed by the U.S. Government Accountability Office (GAO). In Golden IT, LLC v. United States ,
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January 21, 2022 - Protests & Litigation, Coronavirus
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
By: J. Alex Ward and Krista A. Nunez
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
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Topic Archives: Protests & Litigation

June 2022 Bid Protest Roundup: Timeliness, Scope, Defining Status Quo

By: Krista A. Nunez

May 2022 Bid Protest Roundup: Errors, Subcontractors, Bundling

By: Alissandra Young McCann

March 2022 Bid Protest Roundup: Delayed Debriefings, Conflicts of Interest, and Insufficient Documentation

OFCCP Signals Return to More Aggressive and Less Transparent Audits

By: Andrew R. Turnbull

FAR Council Tightens Buy American Act Requirements

By: Markus Gerhard Speidel

February 2022 Bid Protest Roundup: Key Personnel Changes, Agency Computer Glitches, and Ambiguous Solicitations

By: James A. Tucker

Private Sector Directed to Be on Alert for Potential Russian Cyber Attacks

By: Tina D. Reynolds

January 2022 Bid Protest Roundup

By: Locke Bell

Unavailable Key Personnel: Differing Legal Standards at the Gao and Court of Federal Claims

By: Damien C. Specht and James A. Tucker

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

By: J. Alex Ward and Krista A. Nunez