Government Contracts Insights

November 24, 2020 - Protests & 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
By: Damien C. Specht and James A. Tucker
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
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November 09, 2020 - Protests & Litigation
October 2020 Bid Protest Roundup (Law360 Spotlight)
By: Sandeep N. Nandivada
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
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October 07, 2020 - Protests & Litigation
September 2020 Bid Protest Roundup (Law360 Spotlight)
By: Caitlin A. Crujido
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
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October 06, 2020 - Protests & Litigation
SBA Issues Additional Guidance on PPP Loans and Change of Ownership
By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCann
We have received questions from a number of clients about whether SBA’s consent is required for a change of control involving a Paycheck Protection Program borrower. On October 2, SBA provided additional guidance that clarifies: 1. No consent is required (unless loan documents indicate
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September 10, 2020 - Protests & Litigation
August 2020 Bid Protest Roundup (Law360 Spotlight)
By: Locke Bell
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
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August 06, 2020 - Protests & Litigation
July 2020 Bid Protest Roundup (Law360 Spotlight)
By: James A. Tucker
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
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July 08, 2020 - Protests & Litigation
June 2020 Bid Protest Roundup (Law360 Spotlight)
By: Lyle F. Hedgecock
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
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June 11, 2020 - Protests & Litigation, Defense, Compliance
Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security
By: J. Alex Ward and Victoria Dalcourt Angle
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 ¶
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June 08, 2020 - Protests & Litigation
May Bid Protest Roundup (Law360 Spotlight)
By: Alissandra Young McCann
This month’s Law360 spotlight examines three protest decisions addressing first article testing, proprietary information in unsolicited proposals, and timely submittal of proposals. In SSI Technology [i] , the U.S. Court of Federal Claims (COFC) found a sole source award for urgently needed parts appropriate
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May 18, 2020 - Protests & Litigation, Defense, Compliance, Coronavirus
Contracting in the Fog of War: Recovering Costs Caused by an Epidemic
By: J. Alex Ward and Victoria Dalcourt Angle
Like the rest of the nation, and indeed the whole world, contractors today are fighting a war against an invisible enemy. As we observed in a previous post , responding to COVID-19 raises wartime contracting issues on the home front and abroad. In “
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Topic Archives: Protests & 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

By: Damien C. Specht and James A. Tucker

October 2020 Bid Protest Roundup (Law360 Spotlight)

By: Sandeep N. Nandivada

September 2020 Bid Protest Roundup (Law360 Spotlight)

By: Caitlin A. Crujido

SBA Issues Additional Guidance on PPP Loans and Change of Ownership

By: Tina D. Reynolds, Damien C. Specht and Alissandra Young McCann

August 2020 Bid Protest Roundup (Law360 Spotlight)

By: Locke Bell

July 2020 Bid Protest Roundup (Law360 Spotlight)

By: James A. Tucker

June 2020 Bid Protest Roundup (Law360 Spotlight)

By: Lyle F. Hedgecock

Who Bears the Risks of War? Federal Circuit Affirms ASBCA’s Decision That the Contractor Bore the Risk of Changes to Worksite’s Security

By: J. Alex Ward and Victoria Dalcourt Angle

May Bid Protest Roundup (Law360 Spotlight)

By: Alissandra Young McCann

Contracting in the Fog of War: Recovering Costs Caused by an Epidemic

By: J. Alex Ward and Victoria Dalcourt Angle