Government Contracts Insights

April 05, 2021 - Protests & Litigation
March 2021 Bid Protest Roundup
By: Victoria Dalcourt Angle
This past month marked the release of multiple notable bid protest decisions. On an issue of first impression, the Federal Circuit in Safeguard Base Operations [1] held that the Court of Federal Claims (COFC) has jurisdiction over bid protests based on the implied-in-fact contract
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March 09, 2021 - Protests & Litigation
February 2021 Bid Protest Roundup (Law360 Spotlight)
By: James A. Tucker
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
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March 02, 2021 - Protests & Litigation, Intellectual Property
U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides in Bitmanagement
By: Locke Bell
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
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February 09, 2021 - Protests & Litigation
January 2021 Bid Protest Roundup (Law360 Spotlight)
By: Locke Bell and Markus Gerhard Speidel
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
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February 08, 2021 - Protests & 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
By: James A. Tucker
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
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February 03, 2021 - Protests & Litigation, Small Business
Small Business Administration (SBA) Programs (Guide 2 of 4)
By: J. Alex Ward, Damien C. Specht, Alissandra Young McCann and Roke Iko
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
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January 27, 2021 - Protests & Litigation
Companies Pay Criminal Penalties and Compensation for Undermining Competition
By: Tina D. Reynolds and Markus Gerhard Speidel
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.
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January 06, 2021 - Protests & Litigation
December 2020/Annual Bid Protest Roundup (Law360 Spotlight)
By: Victoria Dalcourt Angle
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
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December 08, 2020 - Protests & Litigation
November 2020 Bid Protest Roundup (Law360 Spotlight)
By: Alissandra Young McCann
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).
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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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Topic Archives: Protests & Litigation

March 2021 Bid Protest Roundup

By: Victoria Dalcourt Angle

February 2021 Bid Protest Roundup (Law360 Spotlight)

By: James A. Tucker

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

By: Locke Bell

January 2021 Bid Protest Roundup (Law360 Spotlight)

By: Locke Bell and Markus Gerhard Speidel

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

By: James A. Tucker

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

By: J. Alex Ward, Damien C. Specht, Alissandra Young McCann and Roke Iko

Companies Pay Criminal Penalties and Compensation for Undermining Competition

By: Tina D. Reynolds and Markus Gerhard Speidel

December 2020/Annual Bid Protest Roundup (Law360 Spotlight)

By: Victoria Dalcourt Angle

November 2020 Bid Protest Roundup (Law360 Spotlight)

By: Alissandra Young McCann

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