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Appeals Bid Protests Federal Contractors

Stevens & Lee

New Jersey Bidders Beware 2.0 – If in Doubt, File a Timely Appeal to the Rejection of Your State Agency Specification Challenge

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In a prior post, we discussed the importance of timeliness in challenging bid specifications. Let’s assume that your company takes issue with one of the specifications published by a New Jersey state agency in a request for...more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 6

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Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more

Bradley Arant Boult Cummings LLP

The Good, the Bad, and the Board Minutes: Mississippi Court Says Public Bodies Must Fully Explain Why Lowest and Best Bidder Is a...

Contractors know when they bid a public job that it’s the lowest and best bidder that will ultimately come out on top. Contractors and public bodies also know that when a public body rejects the lowest bid, it needs to...more

Perkins Coie

Federal Circuit Holds “Sum Certain” Requirement in Government Contracts Cases Is Nonjurisdictional

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Clarifying a significant issue in government contracts litigation against the government, the U.S. Court of Appeals for the Federal Circuit has held that the so-called “sum certain” requirement for Contract Disputes Act (CDA)...more

Jenner & Block

Government Contracts Legal Round-Up - June 2023 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

Jenner & Block

Government Contracts Legal Round-Up - March 2023 Issue 5

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Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023) - Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more

Bradley Arant Boult Cummings LLP

Federal Circuit Declines to Extend Blue & Gold Waiver Rule in AbilityOne Protest

The U.S. Court of Appeals for the Federal Circuit, in SEKRI, Inc. v. United States, recently added to the growing body of case law that has declined to extend the scope of the Blue & Gold waiver rule...more

Perkins Coie

Federal Circuit Clarifies Prejudice Is Never Presumed in Bid Protests

Perkins Coie on

Last week, in a decision that will increase the burden of proof for contractors in bid protests, the U.S. Court of Appeals for the Federal Circuit clarified that prejudice, a critical part of any protest action, is not to be...more

Bradley Arant Boult Cummings LLP

Federal Circuit Weighs in on Prejudice in Bid Protests

Ringing out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive...more

Bradley Arant Boult Cummings LLP

The 6 Most Important Bid Protest Decisions Of 2021

In 2021, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of note: • InfoPoint LLC • Medline...more

McCarter & English Blog: Government Contracts...

A Gamble For Hawaiian Contractors: Hawaii Raises The Stakes For Contractors Betting On State Bid Protest Appeals

The cards are on the table, and the Hawaiian state legislature has dealt its state contractors a risky hand. A new bill, SB 1329, is set to eliminate the monetary cap on the bond required to challenge a procurement officer’s...more

Morrison & Foerster LLP - Government...

February 2021 Bid Protest Roundup (Law360 Spotlight)

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...more

Woods Rogers

In Uninteresting Result, Federal Circuit Leaves Offeror Standing Outside the Courtroom

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In order to bring an action in any United States tribunal, a party must have “standing.”  “The doctrine [of standing] limits the category of litigants empowered to maintain a lawsuit in federal court to seek redress for a...more

Woods Rogers

Federal Circuit Holds CICA Stay Clock Begins at Time of Debriefing When Disappointed Offeror does not Avail Itself of Right to Ask...

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No questions, no stay. The United States Court of Appeals for the Federal Circuit recently ruled on the interplay of debriefings and automatic stays. In NIKA Technologies v. United States, the Federal Circuit reversed a Court...more

Obermayer Rebmann Maxwell & Hippel LLP

NIKA Overturned! The Federal Circuit Takes a Different View on Enhanced Debriefings

Followers of this blog will know that debriefings and protests (and more precisely, a debriefing’s potential impact on protest filing deadlines) are a common topic here at GovConExaminer. That’s mostly because the interplay...more

Bradley Arant Boult Cummings LLP

Fed. Circ. Ruling Guides On DOD Enhanced Debrief End Date

In NIKA Technologies v. U.S., the U.S. Court of Appeals for the Federal Circuit recently reversed the holding of the U.S. Court of Federal Claims regarding when the protest-filing clock starts running for a stay of contract...more

Pillsbury Winthrop Shaw Pittman LLP

Federal Circuit Clarifies Bid Protest Stay Timeliness Rules

The U.S. Court of Appeals for the Federal Circuit confirms that a protester seeking to avail itself of the statutory “automatic stay” of performance in connection with a GAO bid protest must file that protest within five days...more

Woods Rogers

Federal Circuit Adopts Narrow Definition of “Printing” to Avoid Constitutional Separation of Powers Question

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The U.S. Court of Appeals for the Federal Circuit recently reversed a bid protest decision appealed from the Court of Federal Claims after the protester raised a constitutional question.  In Veterans4You LLC v. United States,...more

Bradley Arant Boult Cummings LLP

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn “NIKA Technologies”

A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of  Defense’s (DOD)...more

Sheppard Mullin Richter & Hampton LLP

“You Got To Know When To Protest”: Federal Circuit’s Inserso Decision Stretches the Blue & Gold Waiver Rule For Bid Protests To...

...As most contractors know, a good protest requires a lot of thought and commitment to convince an agency or tribunal of why corrective action should be taken. The last thing a protester wants is to learn – too late – that...more

Bradley Arant Boult Cummings LLP

All Means All: Who “Controls” an SDVOSB?

A recent bid protest appeal decision by the U.S. Court of Appeals for the Federal Circuit — XOtech, LLC v. United States — provides clear guidance on what it means to “control” a service-disabled veteran-owned small business...more

Stinson - Government Contracting Matters

OHA Decision Highlights the Perils of Mixing Business with Family

A cornerstone of the Small Business Administration (SBA) size regulations is that a business’s size is determined by measuring its size in addition to the size of its affiliates....more

Morgan Lewis

Important Clarifications in the Federal Circuit Acetris Decision

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In addition to standing behind the plain language of the definition of a “US-made end product,” the court in Acetris Health, LLC v. United States provided new guidance regarding limits on Customs and Border Protection...more

Obermayer Rebmann Maxwell & Hippel LLP

Standing and Prejudicial Error: The Importance of Demonstrating Multiple “Prejudices” in Bid Protests

We all know that, in real life, prejudice is a bad thing. But in the unique world of bid protests, success can actually depend on establishing prejudice. Two different types of prejudice, believe it or not! Of course,...more

Sheppard Mullin Richter & Hampton LLP

Veterans Are First at the VA Following New Class Deviation Implementing Recent Federal Circuit Mandate

In its most recent attempt to strike the appropriate balance between the Veterans First and AbilityOne programs, the U.S. Department of Veterans Affairs (“VA”) issued on May 20, 2019 a class deviation to the VA Acquisition...more

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