News & Analysis as of

Bid Solicitation

Freeman Law

Texas Public Information Act: Scope and Statutory Exceptions that Protect Engineering, Architecture, and Other Professional...

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This Freeman Law Insights blog provides a high-level overview of the public’s wide-reaching right to information under the Texas Public Information Act (formerly the Texas Open Records Act) as well as various statutory...more

Cozen O'Connor

U.S. Court of Federal Claims Finds Project Labor Agreements Violate the Competition in Contracts Act

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On January 21, 2025, Judge Ryan T. Holte of the U.S. Court of Federal Claims issued a decision finding now former-President Biden’s February 4, 2022, Executive Order 14063 (EO) and the resulting Federal Acquisition...more

Bass, Berry & Sims PLC

Bid Protest Minute: GAO Decision Clarifies SAM Registration Rule

Bass, Berry & Sims PLC on

On January 8, the Government Accountability Office (GAO) sustained a pre-award bid protest filed by Bass, Berry & Sims PLC (Bass Berry), which challenged the Federal Law Enforcement Training Centers’ (FLETC or the Agency)...more

Bass, Berry & Sims PLC

Bid Protest Minute: Bidders Beware – Clearly Stated Solicitation Requirements Control

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On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture, who challenged its exclusion from consideration for award on the basis that it was able to use...more

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

PilieroMazza PLLC

SAM Registration Rules May Ease: Lapses OK!

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In 2023, PilieroMazza reported on Myriddian, LLC v. U.S. where the Court of Federal Claims interpreted Federal Acquisition Regulation (FAR) Clause 52.204-7 to require that offerors maintain an active SAM (System for Award...more

PilieroMazza PLLC

Should You Protest? Takeaways for Government Contractors from GAO’s 2024 Bid Protest Annual Report

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The Government Accountability Office (GAO) recently released its 2024 Bid Protest Annual Report (Report), providing statistics on protests, cost claims, and requests for reconsideration at GAO this year. In this blog,...more

Schwabe, Williamson & Wyatt PC

SAM Registration Lapses No Longer Fatal to Contract Awards

As we have previously discussed, businesses that contract with the U.S. government must maintain System of Award Management registration to be eligible for contract awards. We have also discussed the requirement that SAM...more

Bradley Arant Boult Cummings LLP

GAO Sustains Protest Challenging Decision to Convert Competitive Bid Solicitation to Negotiated Procurement

In January 2023, the U.S. Army Corps of Engineers (USACE) issued an invitation for bids (IFB) for a dune and berm replenishment and renovation project along the New Jersey coast. The USACE received two sealed bids for the...more

Wiley Rein LLP

Five Lessons From Framaco Litigation: How Construction Contractors Can Best Position Themselves Before Filing Claims

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A string of recent decisions issued by the Civilian Board of Contract Appeals (CBCA) provide helpful reminders for construction contractors that have encountered difficulties in performance and are seeking relief from the...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...

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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

Bilzin Sumberg

Delivering the Key to the City: Special Considerations in City Hall P3s

Bilzin Sumberg on

A number of municipalities have recently issued, or are contemplating, competitive solicitations for public-private partnerships (“P3s”) to deliver new municipal facilities, typically as part of a transformative “town center”...more

Maynard Nexsen

7 (Other) Reasons to Intervene in Bid Protests: What Awardees Need to Know

Maynard Nexsen on

With just a week to go in FY24, federal agencies are rushing to spend those "use it or lose it" dollars. And while there are a number of reasons that support filing a bid protest when you're an unsuccessful offeror – this...more

Womble Bond Dickinson

The Company You Keep: FCA Investigations of 8(a) Program Contractors

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Federal government contracts are routinely awarded to companies supplying goods and services to U.S. government agencies. According to the Government Accountability Office, in 2023, the federal government committed about $759...more

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

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

Cozen O'Connor

Federal Circuit Increases Jurisdictional Scope for Bid Protests in Percipient.ai, Inc. v. United States

Cozen O'Connor on

On June 7, 2024, the U.S. Court of Appeals for the Federal Circuit broadened the Court of Federal Claims’ ability to oversee bid protests in Percipient.ai, Inc. v. United States. This case arose out of a bid protest to an...more

Womble Bond Dickinson

Are You Taking Advantage of NAICS Codes Appeals To Compete For Small Business Set-Aside Contracts?

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When a federal agency issues a small business set-aside contract, it uses North American Industry Classification System (NAICS) codes to determine the size standard that will apply to that contract. The agency must select the...more

Morrison & Foerster LLP - Government...

OHA Rules Company Remains Eligible For Award Of Small Business Set-Aside Schedule Orders Even After Acquisition By A Large...

The Small Business Administration (SBA) Office of Hearings and Appeals (OHA) has yet again clarified that a company’s size change in connection with a merger-and-acquisition event generally does not prevent the company from...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

White & Case LLP

Florida Enacts Law to Fast-Track Unsolicited Proposals

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Florida Governor Ron DeSantis recently signed a bill into law that will enable procurement authorities in Florida to accept unsolicited proposals for public-private partnerships (P3s) without undertaking a public bidding...more

Morrison & Foerster LLP

Key Takeaways from the Federal Government’s Proposed Rule Banning Certain Chinese-Origin Semiconductor Technology

Earlier this month, the Federal Acquisition Regulatory Council (“FAR Council”) issued an advanced notice of proposed rulemaking (ANPR) to implement parts of Section 5949 of the National Defense Authorization Act (NDAA) for...more

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

Bradley Arant Boult Cummings LLP

Bid Protests in Illinois

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (e.g., our posts on “Bid Protests in North Carolina,” “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,”...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

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