News & Analysis as of

Federal Contractors Contract Disputes Bid Protests

Miles & Stockbridge P.C.

Federal Circuit Expands What It Means to be an ‘Interested Party’ to Bring Bid Protest

The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more

Jenner & Block

Government Contracts Legal Round-Up – 2024 Issue 7

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Claims Updates - Yerington Paiute Tribe v. Department of the Interior, CBCA 7818-ISDA (February 1, 2024) The Civilian Board of Contract Appeals affirmed that the Contract Dispute Act’s (CDA) 90-day timeliness deadline...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 5 Most Important Bid Protest Decisions Of 2023

In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more

Whitcomb Selinsky, PC

CDA: Exploring the Core Elements of Government Contract Disputes

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The Core Elements of the CDA 1. Jurisdiction: The contract disputes act establishes the jurisdiction or court that has the authority to hear and decide contract disputes. This could be a federal court or a specific...more

PilieroMazza PLLC

[Webinar] PilieroMazza Annual Review: Key Insights from Recent Bid Protest Decisions Reshape Strategies for Future Government...

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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

Jenner & Block

Government Contracts Legal Round-Up | 2023 Issue 22

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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

Bass, Berry & Sims PLC

GAO’s 2023 Bid Protest Report: More Than Meets the Eye

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On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline. The report provides...more

Bradley Arant Boult Cummings LLP

Unpacking GAO's FY 2023 Bid Protest Report

The U.S. Government Accountability Office's recently issued annual bid protest report is noteworthy because it shows that 31% of bid protests were sustained — more than double the rate for prior years— and that protesters...more

Maynard Nexsen

GAO Bid Protest Annual Report to Congress for FY 2023

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Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act...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 - 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

Venable LLP

Federal Circuit Clarifies Bid Protest Jurisdiction Over SBA Size Determinations

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While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more

Fox Rothschild LLP

Contractor vs. Government Controversies Not Subject to the CDA

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The CDA has a reputation as a “catchall” for disputes between federal contractors and the government – and to a certain extent that reputation makes a lot of sense. As I’ve been covering in this series, contractors can...more

Whitcomb Selinsky, PC

Signed Contract Modification Supersedes Prior Verbal Agreement

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It is not uncommon for a project to encounter delays, rework or project scope changes. When this occurs, the contractor needs to submit a change proposal to the government agency detailing the modifications and any additional...more

Carlton Fields

Government Contracting Phase One: Transitioning From Commercial to Government Work

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Due in large part to the COVID-19 pandemic, there’s been significant movement toward the government contracting arena and away from the commercial world. Join Carlton Fields attorney Joe McManus and Paul Williams, former...more

Bricker Graydon LLP

[Webinar] Selecting Project Delivery Methods & Bidding Public Construction Contracts - Evaluating & Documenting the Bid Process,...

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Join us for the 12th annual “Selecting Project Delivery Methods & Bidding Public Construction Contracts.” This webinar series, specifically designed for Ohio public owners, covers the project delivery methods available for...more

Obermayer Rebmann Maxwell & Hippel LLP

Don’t Wait - A Protest is Too Late - To Challenge or Correct Your Bad CPARS

Have you ever received a negative CPARS that you felt was unjustified? Did that negative CPARS cause you to lose other contract awards? That is what happened to the contractor-protester in Colonna Shipyard, Inc. v. U.S., a...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Government Contracting Fundamentals Series: Asserting Bid Protests: Getting the Contracts You Deserve - February 5th,...

Obermayer is excited to introduce its new “GovCon Examiner Live” webinar series, your resource for the fundamentals in government contracting and small business procurement. Over the course of 12 months, our experienced...more

Obermayer Rebmann Maxwell & Hippel LLP

[Webinar] Asserting and Defending Bid Protests for Federal Contractors - December 23rd, 12:00 pm ET

Join Obermayer Chair of the Government Contracting Department, Maria Panichelli, on December 23 at a Celesq webinar titled, “Asserting and Defending Bid Protests for Federal Contractors.” In today’s competitive federal...more

Jones Day

Government Contracts: GAO's 2019 Bid Protest Report to Congress Highlights Protest Effectiveness

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The Situation: The U.S. Government Accountability Office ("GAO") recently released its annual Bid Protest Report. The Result: The report contains a wealth of information about bid protests, including statistics and...more

Jones Day

GAO’s Bid Protest Report Shows Fewer Sustains and Hearings, Lower Effectiveness Rate

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The Issue: The U.S. Government Accountability Office ("GAO") recently issued its Fiscal Year 2018 ("FY18") end-of-year summary statistics. The Outcome: The number of cases filed, the sustain rate, and the effectiveness...more

Pillsbury Winthrop Shaw Pittman LLP

GAO Publishes Fiscal Year 2018 Bid Protest Statistics

GAO’s sustain rate and effectiveness rate both dropped to the lowest levels since Fiscal Year 2015. Protest activity at the GAO increased slightly over the previous year....more

Holland & Knight LLP

Understanding Why GAO Sustained Protest of OT Production Contract

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REAN Cloud LLC (REAN) entered into an Other Transaction (OT) Agreement with the Army (facilitated by DIUx) to provide prototype cloud migration services. While the prototype work was still being performed, the Army and REAN...more

Bass, Berry & Sims PLC

U.S. Court of Federal Claims Reports on Busy and Productive FY17

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The U.S. Court of Federal Claims recently issued a 2017 statistical report—covering the government’s fiscal year October 1, 2016 to September 30, 2017. During this time, 652 suits filed were filed at the Court and 1,035 suits...more

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