Topic Archives: Protests & Litigation

April 5, 2019Protests & Litigation

March 2019 Bid Protest Roundup

This month’s bid protest round-up includes decisions from the Court of Federal Claims and the Government Accountability Office regarding the Competition in Contracting Act (CICA) automatic stay, agency responsibility and discretion, and the importance of complying with solicitation requirements. Technica LLC v. United States and Aviation Security Management LLC, No. 18-2003C, February 22, 2019. Technica ...›

Class Waivers of the Non-Manufacturer Rule: New OHA Decision Creates Uncertainty

Those familiar with Federal procurements know the general rule:  If you submit a proposal against a solicitation despite disagreeing with one of its provisions, you usually waive the right to challenge that provision in the future.  That rule applies to bid protests at both the Government Accountability Office (GAO) and the Court of Federal Claims.  ...›

March 21, 2019Protests & Litigation

Hope(less) Village Finds Hope at the GAO

While February is the shortest month of the year, there was certainly no shortage of bid protests at the Government Accountability Office (“GAO”), which is why we decided to supplement our monthly Bid Protest Round-up with a bonus summary. In Hope Village, Inc., the GAO found itself tasked with deciding a matter that has made ...›

Federal Procurement

ABA Federal Procurement Institute — MoFo Attorneys Co-Chair and Moderate Panels

During next week’s ABA Federal Procurement Institute, March 13-16, 2019 in Annapolis, MD, three Morrison & Foerster Government Contracts attorneys will be participating. Partner Damien Specht will serve as one of the conference co-chairs. He is also co-chair of the ABA Public Contract Law Section Mergers and Acquisitions Committee and the ABA Small Business & ...›

February 28, 2019Protests & Litigation

February 2019 Bid Protest Roundup

This month’s selection of bid protests includes discussion of:  (1) a successful challenge to a subcontracting restriction in the General Services Administration’s One Acquisition Solution for Integrated Services (OASIS) solicitation; (2) an explanation of whose experience an agency can consider when a solicitation provides for the evaluation of an “offeror’s” experience; (3) an agency’s discretion ...›

Defense
February 15, 2019Compliance, Defense, Protests & Litigation

Cry Havoc and Let Slip the Risks of War

In last month’s post, we considered First Kuwaiti Trading & Contracting W.L.L., v. Dep’t of State, CBCA 3506, 2018 WL 6423911 (Dec. 3, 2018), and Appeal of ECC International, LLC, ASBCA 60484, 2018 WL 6251069 (Nov. 16, 2018), to reflect on how the risks of war are allocated between contractors and the government and how ...›

February 12, 2019Protests & Litigation

January 2019 Bid Protest Roundup

Despite the shutdown that impacted much of the federal government for the month, the Government Accountability Office (GAO) was fully funded and issued several decisions of note in January, including its decision in Wyle regarding the impact of transactions on pending procurements, which we wrote about in another post here.  This month’s roundup addresses three ...›

February 5, 2019Compliance, M&A, Protests & Litigation

In Wyle, the GAO Gives Another Reminder of Risks Associated with Pending Procurements During a Transaction

Although there are often significant rewards associated with transactions among government contractors, the transactions require careful planning and coordination.  Even then, there is a fair amount of risk during the process: the novation process (when required) is discretionary; the seller may have undisclosed violations of procurement law; organizational conflicts of interests may preclude the buyer ...›