News & Analysis as of

Bid Protests SDVOSB

Bass, Berry & Sims PLC

Bid Protest Minute: COs Must Account for Corporate Restructuring When Assessing Qualifications

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On November 13, the Government Accountability Office (GAO) sustained a protest by DecisionPoint Corporation concluding that when the Air Force determined EmeSec, a wholly owned subsidiary of DecisionPoint, was ineligible for...more

Bass, Berry & Sims PLC

Bid Protest Minute: Avoiding the Timeliness Trap

On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely. GAO reasoned that its strict timeliness...more

Sheppard Mullin Richter & Hampton LLP

Bid Protest Hub – December 2023

Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. As we...more

Morrison & Foerster LLP - Government...

GAO Finds Company's BPA Bid Remains Eligible For Award Despite A Transaction, Recertification, And Change In Size Status In...

Small business regulations create one of the stickier wickets in bid protest litigation. Although the Small Business Administration (SBA) has exclusive authority to determine a company’s size and socioeconomic status, the...more

Perkins Coie

The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

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The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - February 2023

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In January, the OMB implemented the following new policies designed to strengthen the federal contracting system. On January 10, 2023, the OMB issued a memorandum on the subject of Strengthening Support for Federal...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

PilieroMazza PLLC

SBA’s Proposed Rule Alters the Landscape for Size and Status Protests

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​​​​​​​On September 9, 2022, the U.S. Small Business Administration (SBA) issued a proposed rule (the Rule) making substantial changes to the 8(a) Business Development program. Scattered throughout the Rule are various...more

Bass, Berry & Sims PLC

Selling Assets During a Protest?  Careful You Don’t Jump the Shark

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In the past, we have cautioned readers about the potential impact of transactions on pending awards, particularly on the ability of a contractor to protest. A recent decision from the Court of Federal Claims (COFC) shows that...more

Blank Rome LLP

“Rule of Two” Cheat Sheet

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June 2021 marked the five-year anniversary of the Supreme Court’s Kingdomware decision[1], which is best known for broadly interpreting the so-called “Rule of Two” requirement flowing from the Veterans Benefits, Health Care,...more

Bass, Berry & Sims PLC

Bass, Berry & Sims Successfully Protests—And Then Defends—Client Award of a Task Order Before the GAO

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After a successful challenge last year to the award of a service-disabled veteran-owned small business (SDVOSB) set aside task order for technology service desk operations by the U.S. Customs and Border Protection (CBP or the...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

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

Holland & Knight LLP

February 2020 Small Business Roundup

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Veteran-Owned Business Priority - In 2016, the U.S. Supreme Court surprised many by hearing a bid protest concerning the application of the "Rule of Two" for veteran-owned small businesses in procurements run by the U.S....more

Bradley Arant Boult Cummings LLP

Protest Sustained: VA Based “Rule of Two” Determination on Canceled Set-Aside Solicitation

The Government Accountability Office (GAO) recently sustained a protest that challenged the Department of Veterans Affairs’ (VA) failure to set aside an acquisition for Service-Disabled Veteran-Owned Small Businesses (SDVOSB)...more

Stinson - Government Contracting Matters

Tiered Evaluations: A Lesson in Reasonably Applying Different Rules

It’s not always clear where the applicability of one law or rule should stop and the applicability of another should begin. Recently, the Government Accountability Office (GAO) decision in Becton, Dickinson and Company,...more

PilieroMazza PLLC

Weekly Update Newsletter - December 2018

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RULES AND REGULATIONS - The Department of Veterans Affairs (VA) issued a proposed rule on November 29, 2018 proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any...more

PilieroMazza PLLC

PilieroMazza Legal Advisor - First Quarter 2017

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GOVERNMENT CONTRACTING – 2016 GAO Bid Protest Annual Report: Sustain Rate Hits Nine Year High, Up More Than 10% from 2015 – GAO recently released its annual report to Congress, which included data concerning its...more

Cohen Seglias Pallas Greenhall & Furman PC

Court of Federal Claims Reaffirms VOSB/SDVOSB's Right to Due Process During Protests, Rejects VA's Interpretation of Revised...

Several months ago, we told you about Ambuild Company v. LLC v. U.S., a very important case pending before the Court of Federal Claims (“COFC”). The AmBuild case was of particular interest to our firm because it concerned...more

Cohen Seglias Pallas Greenhall & Furman PC

Déjà Vu All Over Again?

As a child growing up just outside of New York City, I was a big New York Yankees fan. My grandfather used to love telling me stories about how far Mickey Mantle could hit a ball and what a tremendous pitcher Whitey Ford was,...more

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