Contractors filing bid protests necessarily focus on the alleged errors in the procurement process, as establishing these errors is essential to prevailing in the protest. However, a recent—and rare—decision by the Federal...more
Often, a disappointed offeror has reason to believe that an awardee cannot meet the solicitation requirements. In these instances, the offeror may initiate a bid protest alleging noncompliance as a basis for contesting the...more
A critical hurdle to filing a viable bid protest is to establish "standing." Standing, in the context of a bid protest, requires that the offeror bringing the protest be an "interested party," i.e., a prospective bidder whose...more
In another recently released bid protest sustained by the Court of Federal Claims, the Court addresses a protestor’s standing and an offeror’s ability to rely on the experience of its subcontractors in satisfying technical...more
One of the most common, and challenging, arguments made in a post-award bid protest is that the contracting officer’s evaluation was arbitrary and capricious. The challenge with this argument is overcoming the substantial...more
In yet another warning to contractors regarding the unforgiving bid protest timelines, the GAO recently issued a decision granting an agency’s request to dismiss a protest on the basis that the contractor failed to timely...more
Recent GAO decisions serve as important reminders that timely filing of a protest is strictly construed. As Department of Defense contractors and agencies are adopting the enhanced debriefing rules, there has been some...more
Earlier this week, the GAO announced the final version of its amended bid protest regulations, which take effect May 1, 2018. Significant changes to the regulations include
- the implementation of an electronic docketing...more
Recent case law affirms an Agency’s duty to prepare a complete and accurate Administrative Record (“AR”) when responding to a bid protest. It also reinforces the value and importance of careful and detailed analysis of the...more