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Bid Protests Competitive Bidding

PilieroMazza PLLC

The Case for Intervening in Bid Protests: It’s Almost Always the Right Call

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You’re a federal government contractor who just won a contract award. But, before you pop the champagne, there’s a hiccup: a competitor filed a bid protest challenging your award. “Oh, well,” you think, “the government can...more

Stevens & Lee

In Public Bidding, You Can Fight City Hall and Win (or at Least Not Lose)

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In the fight for public contracts, many bidders who feel they have been mistreated or were affected by erroneous reviews and evaluations of their bids or another bid often hesitate to file a challenge. They may feel that they...more

Bradley Arant Boult Cummings LLP

Bid Protests in Pennsylvania

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – January 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. There were also two requests for costs, one of which...more

PilieroMazza PLLC

Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success

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Bid protests play a crucial role in the federal procurement process. Whether you’re submitting a proposal, filing a protest, or defending your contract award, bid protest rulings can influence not just your current contract...more

Morrison & Foerster LLP - Government...

November 2023 Bid Protest Roundup

This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more

Bass, Berry & Sims PLC

Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice

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On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation...more

Jenner & Block

Government Contracts Legal Round-Up | October 2023 Issue 19

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Holland & Knight LLP

End of Fiscal Year Awards: Know Your Debriefing and Protest Procedures, Deadlines

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As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...more

PilieroMazza PLLC

PilieroMazza Bid Protest Victories Help Contractors Address Key Procurement Challenges

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As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government...more

PilieroMazza PLLC

Government Contractors Protesting a Lease Award: Is It Worth It?

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In a recent decision, the Government Accountability Office (GAO) found the General Services Administration (GSA) improperly awarded a lease to a firm whose proposal failed to comply with a material solicitation...more

PilieroMazza PLLC

GAO Sustains Protest Finding Agency’s Failure to Engage in Meaningful Discussions Was Not Cured During Re-Evaluation   

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The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC, B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose...more

PilieroMazza PLLC

Recovering Bid Preparation and Proposal Costs for Government Contractors: ARxIUM Provides Helpful Guidance

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Filing a bid protest and ultimately recovering bid preparation and proposal costs after winning may not be a primary concern for contractors as they pursue a new contract. However, a recent Court of Federal Claims decision...more

Maynard Nexsen

7 Reasons to Intervene in Bid Protests

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Every federal contractor knows how difficult it is to win a government contract. Indeed, contractors often start pursuing larger contracts or vehicles well over a year before the solicitation is even published. And, while...more

Morrison & Foerster LLP - Government...

A Bluer Shade Of Blue: All “Outstandings” Are Not Created Equal

A common mistake in competitive procurements is a mechanical fixation on the adjectival ratings, color ratings, or numerical “scores” a procuring agency assigns a proposal under a particular evaluation factor. In best value...more

Miller Nash LLP

[Webinar] The Dos and Don'ts of Public Contracting in 2023—Procurement Processes - February 28th, 9:00 am - 10:30 am PDT

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Public contracting presents a unique set of hurdles and risks that do not typically arise in the private contracting setting. In this complimentary webinar, our experienced construction and public law attorneys will discuss...more

Lewis Roca

Government Accountability Office Determines Navy Improperly Evaluated Technical Proposal: Lewis Roca

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Bid protest determinations serve to resolve challenges to procurement decisions by government agencies. Beyond that purpose, these rulings can also offer valuable insights as to what factors determine whether or not a...more

Morrison & Foerster LLP - Government...

November 2022 Bid Protest Roundup: Best-Value Tradeoffs, Solicitations

Sometimes a comparison of cases best illustrates the law. This month we analyze a double pair of recent GAO decisions. First, in CharDonnay and Triple Canopy, we compare decisions dissecting the merits of best-value...more

PilieroMazza PLLC

5 W’s of Bid Protests: The Who, What, When, Where, and Why

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For government contractors, understanding the full spectrum of the bid protest process can help when making important decisions—particularly before bidding on a new contract—to better position you when filing for or defending...more

Bass, Berry & Sims PLC

Responsibility vs. Responsiveness: A Critical Difference Saves Flawed Initial Bid

As a general matter, an agency should reject a bid out of hand if it is deemed defective due to problems with bidder responsiveness. However, flawed bids determined on account of issues with bidder responsibility can be...more

Husch Blackwell LLP

AbilityOne Program Nonprofit Agencies Have Standing To Challenge Federal Agency Procurements That Violate Mandatory Provisions Of...

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In a case of first impression, the U.S. Court of Appeals for the Federal Circuit recently ruled in SEKRI, Inc. v. U.S., No. 21-1936 (May 13, 2022), that a non-profit agency that was the sole mandatory source for a specific...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 11

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Morrison & Foerster LLP - Government...

SEKRI, INC. V. United States: Are Pre-Proposal-Submission Email Exchanges Now Enough To Avoid Blue & Gold Waiver?

In the seminal decision Blue & Gold Fleet, L.P. v. United States, the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a...more

Venable LLP

When You Come to a Fork in the Road Take It

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Though we are not yet halfway through 2022, the COFC has issued two decisions that highlight divergent views from GAO precedent regarding the availability of key personnel and whether there is a presumption that an Agency...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 10

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

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