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
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
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 has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our posts on bid protests in North Carolina, Georgia, the District of Columbia, New York, Virginia, and Alabama)....more
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
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
As the federal government’s fiscal year draws to a close, we expect to see an increase in agencies awarding contracts and contractors protesting those awards. A bid protest is a significant event for any government...more
In a recent decision, the Government Accountability Office (GAO) found the General Services Administration (GSA) improperly awarded a lease to a firm whose proposal failed to comply with a material solicitation...more
The Government Accountability Office (GAO) recently sustained a protest in Life Science Logistics, LLC, B-421018.2, .3 (April 19, 2023), finding that an agency’s discussions were not meaningful where they did not disclose...more
A procuring agency has wide latitude to define its evaluation criteria and relative priorities in soliciting quotations for services. Once it arrives at a decision, the agency must sufficiently document its justification for...more
Unduly restrictive competition refers to actions or policies by a procuring agency that impedes or limits free and fair competition. This can lead to higher prices, reduced innovation, and decreased quality of products and...more
Filing a bid protest and ultimately recovering bid preparation and proposal costs after winning may not be a primary concern for contractors as they pursue a new contract. However, a recent Court of Federal Claims decision...more
To win a bid protest, it isn’t enough for a protester to show there was an error in conducting a procurement. The protester must show “competitive prejudice” to have its protest sustained. Competitive prejudice is necessary...more
Eminent IT, LLC, protested a contract award decision by the Department of State (DOS). The contract was for the maintenance, operation, and management of PeopleSoft in a production environment using Scaled Agile Framework...more
President Biden recently signed the PRICE Act (Promoting Rigorous and Innovative Cost Efficiencies for Federal Procurement and Acquisitions Act). The Act expands opportunities for small businesses to work with the federal...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
New York state’s budget is the second largest in the country, and with it, New York has some of the most developed state acquisition laws and procedures in the country. Accordingly, New York provides comparatively robust bid...more
Pre-award protests can be tricky. The U.S. Government Accountability Office (“GAO”) has jurisdiction to hear timely bid protests by interested parties regarding violations of procurement law or regulation. Under GAO rules, a...more
Even when agencies use simplified acquisition procedures, they generally must maximize competition to the extent practicable. There is, however, an exception to this default rule if only one source is reasonably available...more
PilieroMazza has received a flood of questions related to STARS III and Cy Alba gave a presentation earlier today walking through a number of keys issues and our interpretation of key requirements in the RFP. As a part of...more
When publishing a solicitation, the Government Contracting Officer (“CO”) may set a minimum acceptance period, during which offerors must agree to hold open their bid pricing following the submission of their proposals. ...more
Being a small business can have its advantages. Federal procurement rules provide that certain contracting opportunities may be set-aside for small business competition. Small businesses also may be exempt from certain...more
Many government contractors do not know that they can protest a modification of a contract that was awarded to a competitor if that modification is materially beyond the scope of the original contract. It’s true: where a...more