PilieroMazza Annual Review: Lessons from 2023 Contract Claims and Appeals Decisions Affect Approach to 2024 Cases
Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success
A Discussion with GAO General Counsel Edda Emmanuelli Perez
PODCAST: Williams Mullen GovCon Perspectives - Recent Updates to the SWaM Certification Process in Virginia
The Benefits of Commercial Item Contracting
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
In Percipient.ai v. United States, the US Court of Appeals for the Federal Circuit may have triggered a legal “Big Bang” moment in government procurement law. The case centered on whether the Federal Acquisition Streamlining...more
The origination of Other Transaction Agreements (OTAs) traces back to the October 1957 launch of Sputnik I by the Soviet Union and the subsequent Space Race. Congress created the National Aeronautics and Space Administration...more
The end of the Fiscal Year is upon us, which typically coincides with a flurry of procurement activity and then a wave of bid protests. As most of you know, there are three primary fora for bid protests: procuring agencies,...more
This issue of bid protest highlights includes decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims (COFC), and the U.S. Government Accountability Office (GAO). These decisions...more
As most federal contractors are aware, unlike commercial contracts, federal contractors may challenge solicitation defects or contract award decisions made by the government through the bid protest process....more
In a recent bid protest, A.T. Kearney Pub. Sector & Def. Servs., LLC v. United States,[1] the U.S. Court of Federal Claims (COFC) created a wrinkle in its precedent when it denied the protester’s motion for a preliminary...more
While most federal procurements are conducted using the onerous regulations set forth in the Federal Acquisition Regulation (FAR) and agency supplements, agencies are increasingly relying on the more flexible, but...more
In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more
The U.S. Court of Federal Claims (COFC), in Sierra Nevada Corporation v. United States, recently held that a contracting agency’s justification of a sole-source contract award ran afoul of the Competition in Contracting Act...more
After filing and receiving a favorable decision in a bid protest, many protesters wonder what happens as a result of a successful protest. Specifically, protesters always want to know, if I am successful in my bid protest,...more
A stay of award or performance of a contract simply means the procuring agency cannot award the contract or must stop performance of an already awarded contract during the pendency of a protest. Obtaining a stay is different...more
Historically, bid protests were filed in the federal district courts. Under the Administrative Procedures Act, 5 U.S.C. § 702, federal district courts reviewed challenges to agency procurement decisions. Known as the...more
When thinking about bid protests, it is helpful to first look at the basics: what is a bid protest, who can file a bid protest, when is a bid protest filed, and where is a bid protest filed? If you are going through a bid...more
The U.S. Court of Federal Claims (COFC) decision in HWI Gear, Inc. v. United States highlights the importance of reviewing a solicitation to determine if the text of Federal Acquisition Regulation (FAR) 52.219-28 is included...more
The Government Accountability Office’s (“GAO”) Comptroller General and the U.S. Court of Federal Claims (“COFC”) regularly consider bid protests. Bid protests are challenges to the terms of a solicitation or to the award of...more
As experienced protest counsel, we know (i) that you can pick lint off of any procurement; and (ii) because of that fact, a protester alleging error in the procurement process needs to show that the error was “prejudicial.”...more
This is the second blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on Aug. 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more
Several of the “Section 809” Panel’s recommendations would change the procurement landscape by significantly curtailing the bid protest process and limiting judicial review of procurement decisions. The Section 809 Panel...more
The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts. Congress is concerned about the delays caused by bid protests that have been filed at...more
Published by Set-Aside Alert Newsletter: In Section 809 of the National Defense Authorization Act for FY 2016, Congress created a panel, known as the Section 809 Panel, to review and to provide recommendations on how to...more
A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more
In this presentation: - GSA Schedule Contracts: Veterans First? - 2013 National Defense Authorization Act (“NDAA”): - NDAA Revisions To LOS - New Mentor Protégé Program - NDAA Impact On MP...more