News & Analysis as of

Bid Protests COFC

Schwabe, Williamson & Wyatt PC

SBA’s Rule-of-Two Proposal Targets Increased Small-Business Set-Asides

On October 25, the Small Business Administration proposed a rule intended to increase small business participation in multiple-award contracts. The rule would apply the “Rule of Two” to task and delivery orders issued under...more

Maynard Nexsen

SBA Issues Proposed Rule to Require "Rule of Two" for Orders Under Multiple Award Contracts

Maynard Nexsen on

Today, the Small Business Administration issued a proposed rule that would expand the application of the "rule of two" (for small business) to orders under multiple award contracts. The proposed rule is welcome news for small...more

Wiley Rein LLP

Bid Protest Lessons Learned From Oak Grove Technologies

Wiley Rein LLP on

With another government fiscal year in the books, contractors may be anticipating the next season of bid protests. The Federal Circuit’s recent decision in Oak Grove Technologies v. United States offers a timely set of...more

Wiley Rein LLP

SAM Registered I Am Part 3: A Journey Through the Recent Case Law, Practical Tips and Guidance for Registering in SAM, and...

Wiley Rein LLP on

We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more

Bass, Berry & Sims PLC

Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal

Bass, Berry & Sims PLC on

On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR...more

Mayer Brown

Ruling on an Issue of First Impression, US COFC Finds Protest Jurisdiction Over Challenge to a Follow-On Production Other...

Mayer Brown on

On July 16, 2024, the Court of Federal Claims (“COFC” or “Court”) published an opinion, Independent Rough Terrain Center, LLC v. United States, exercising jurisdiction to consider a bid protest involving Other Transaction...more

Morrison & Foerster LLP - Government...

Court Of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

A recent decision, Independent Rough Terrain Center, LLC v. United States (“IRTC”),[1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of...more

Fox Rothschild LLP

COFC Says GAO has been wrong on Photocopied Bid Bond Signatures for Decades

Fox Rothschild LLP on

Late last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency

The first decision, Kearney & Co. v. U.S., explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services...more

McCarter & English Blog: Government Contracts...

Big Bang?: The Federal Circuit, Percipient.ai, and Expanding Jurisdiction

In Percipient.ai v. United States, the US Court of Appeals for the Federal Circuit may have triggered a legal “Big Bang” moment in government procurement law. The case centered on whether the Federal Acquisition Streamlining...more

Miles & Stockbridge P.C.

Federal Circuit Expands What It Means to be an ‘Interested Party’ to Bring Bid Protest

The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more

Pillsbury Winthrop Shaw Pittman LLP

In a Landmark Decision, Federal Circuit Expands Protest Jurisdiction at COFC

The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest jurisdiction. ...more

Fox Rothschild LLP

Can the Government Ignore Red Flags of Set-Aside Fraud?

Fox Rothschild LLP on

The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established...more

Blank Rome LLP

Open the Floodgates: Divided Federal Circuit Panel Expands Access to Court of Federal Claims

Blank Rome LLP on

The Federal Circuit last Friday issued a decision that is, as the dissent put it, “a very important government contract case.” In Percipient.ai v. United States, the Federal Circuit adopted a narrow construction of the FASA...more

Wiley Rein LLP

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

Wiley Rein LLP on

WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

Miles & Stockbridge P.C.

Recent GAO Decision Requires Continuous Registration in the System for Award Management for Government Contract Award Eligibility

Companies competing for federal contracting opportunities now have yet another reason to fear their proposals being rejected and their awards getting overturned....more

Wiley Rein LLP

SAM (Registered) I Am Part 2: Contractors, Beware of Lapses in SAM Registration

Wiley Rein LLP on

WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more

Fox Rothschild LLP

Where to Protest When the Government Says Your Bid is Late

Fox Rothschild LLP on

In a January 2024 bid protest denied by the Government Accountability Office (“GAO”), an all-too familiar issue regarding allegedly late email bid submissions timeliness brought the split between GAO and the Court of Federal...more

Sheppard Mullin Richter & Hampton LLP

What Makes a Successful Protest at the Court of Federal Claims

In a previous article, we analyzed what made protests successful at the Government Accountability Office (“GAO”) in Fiscal Year 2023 (“FY23”). Now, we want to share some insights we gained while conducting the same analysis...more

Bass, Berry & Sims PLC

Bid Protest Minute: GAO’s Task Order Jurisdiction

Bass, Berry & Sims PLC on

On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Standing, Brand-Name Or Equal, Insufficient Documentation

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit and two decisions from the U.S. Government Accountability Office (GAO)....more

Morrison & Foerster LLP - Government...

December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in...more

Morrison & Foerster LLP - Government...

October 2023 Bid Protest Roundup: Instructions, Jurisdiction, Scrutiny

This month, we feature three bid protest decisions—two from the U.S. Government Accountability Office (“GAO”) and one from the U.S. Court of Federal Claims (“COFC”). Though each of these decisions focuses on a different...more

Hogan Lovells

Highlights with Hogan Lovells: Bid Protest Digest | Volume IV

Hogan Lovells on

This issue of bid protest highlights includes decisions from the U.S. Court of Federal Claims (COFC) and the U.S. Government Accountability Office (GAO). These decisions emphasize important legal principles addressing: (1)...more

McCarter & English Blog: Government Contracts...

Avoiding Common Bid Protest Mistakes: A Seasonal Guide to Our Top 10 Protest Don’ts!

Welcome, dear readers, to the height of protest season! Around the end of the federal fiscal year, the number of contract awards being made increases greatly. Which means so do the number of protests challenging those award...more

144 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide