Government Contracts Insights

January 10, 2022 - Protests & Litigation
December 2021 Bid Protest Roundup
By: Roke Iko
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
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December 27, 2021 - Protests & Litigation
A MoForward Warning Comes True: No Poach Enforcement Hits the Defense Industry
By: Lisa M. Phelan
At our annual MoForward event in October 2021, Lisa Phelan offered practical advice about avoiding U.S. Department of Justice (DOJ) criminal antitrust enforcement of “no poach” agreements, predicting the defense industry would soon become a target. Regrettably, Lisa’s prediction has come true. To learn
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December 14, 2021 - Protests & Litigation
Harmonia Holdings: Denied Pre-Award Protest Rises from the Dead Five Months Later as a Post-award Protest
By: James A. Tucker
The U.S. Court of Appeals for the Federal Circuit has issued its long-awaited decision in Harmonia Holdings Group, LLC v. United States , vacating a bid protest decision the U.S. Court of Federal Claims rendered nearly two years ago. The new decision is an important
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December 10, 2021 - Protests & Litigation
November 2021 Bid Protest Roundup
By: Krista A. Nunez
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
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December 01, 2021 - Protests & Litigation
GAO Finds CIO-SP4 Solicitation Is Unduly Restrictive of Competition
By: Damien C. Specht and James A. Tucker
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
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November 23, 2021 - Protests & Litigation
Subcontractor Data Rights Challenges: A Need For Clarity
By: Locke Bell
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
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November 10, 2021 - Protests & 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
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November 08, 2021 - Protests & Litigation, Coronavirus
Federal Court Temporarily Halts OSHA ETS—EO 14042’s New January 4, 2022 Vaccine Deadline Remains
By: Andrew R. Turnbull and Krista A. Nunez
Less than three days after the Occupational Health and Safety Administration (“OSHA”) released its November 4, 2021, emergency temporary standards on COVID-19 vaccines and testing (the “ETS”), on November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily stayed the ETS, citing the
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October 06, 2021 - Protests & Litigation
September 2021 Bid Protest Roundup
By: Alissandra Young McCann
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
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October 05, 2021 - Protests & Litigation
Where Can You Protest an Other Transaction Award? Insights from Kinemetrics
By: Locke Bell and Krista A. Nunez
As federal agencies, and the Department of Defense in particular, increasingly allocate greater amounts of their annual budgets to nontraditional contracting arrangements generally known as other transactions (“OTs”) or other transaction agreements (“OTAs”), a common question continues to come up: “We just lost a significant
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Topic Archives: Protests & Litigation

December 2021 Bid Protest Roundup

By: Roke Iko

A MoForward Warning Comes True: No Poach Enforcement Hits the Defense Industry

By: Lisa M. Phelan

Harmonia Holdings: Denied Pre-Award Protest Rises from the Dead Five Months Later as a Post-award Protest

By: James A. Tucker

November 2021 Bid Protest Roundup

By: Krista A. Nunez

GAO Finds CIO-SP4 Solicitation Is Unduly Restrictive of Competition

By: Damien C. Specht and James A. Tucker

Subcontractor Data Rights Challenges: A Need For Clarity

By: Locke Bell

OCTOBER 2021 BID PROTEST ROUNDUP

Federal Court Temporarily Halts OSHA ETS—EO 14042’s New January 4, 2022 Vaccine Deadline Remains

By: Andrew R. Turnbull and Krista A. Nunez

September 2021 Bid Protest Roundup

By: Alissandra Young McCann

Where Can You Protest an Other Transaction Award? Insights from Kinemetrics

By: Locke Bell and Krista A. Nunez