News & Analysis as of

Federal Procurement Systems Small Business Bid Protests

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

Whitcomb Selinsky, PC

SBA Upholds Size Determination for GC&V Construction, LLC in Appeal

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In February of 2023, GC&V Construction, LLC challenged a size determination that deemed the company ineligible as a small business. The basis for their appeal revolves around the claim that errors occurred during the Area...more

Whitcomb Selinsky, PC

LS3, LLC Size Determination Appeal Dismissed as Moot

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In May 2023, the SBA Office of Government Contracting made two significant Size Determinations, Nos. 6-2023-020 and 6-2023-021, concerning the small business status of LS3, LLC. Challenging these determinations, LS3, LLC...more

Whitcomb Selinsky, PC

SBA Denies Aldevra's Size Protest Appeal Against Government Sales, LLC

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Aldevra, LLC filed two appeals challenging the size determination of Government Sales, LLC (GSL). The Small Business Administration (SBA) Office of Hearings and Appeals consolidated these two appeals into one proceeding....more

Whitcomb Selinsky, PC

Birdon America, Inc. Appeals SBA Size Determination

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Birdon America, Inc. was recently engaged in an appeal process regarding a size determination made by the Small Business Administration (SBA). The SBA determined that Birdon America, Inc. does not qualify as a small business...more

Jenner & Block

Government Contracts Legal Round-Up | 2024 Issue 1

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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

Jenner & Block

Government Contracts Legal Round-Up | September 2023 Issue 18

Jenner & Block on

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

Miles & Stockbridge P.C.

Recent Court Ruling Already Reflected in GSA’s OASIS+ Solicitations

It is not any exaggeration to say that mentor-protégé joint ventures (MPJVs) have taken over the world of set-aside Government-Wide Acquisition Contracts (GWACs). For example, late last year it was reported that the initial...more

Venable LLP

Federal Court Potentially Upends Small Business Administration's Method for Calculating Contractors' Annual Receipts in...

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On May 18, 2023, the U.S. District Court for the District of Columbia (DDC) issued a decision with significant potential consequences for federal contractors and the U.S. Small Business Administration (SBA). ...more

PilieroMazza PLLC

Recovering Bid Preparation and Proposal Costs for Government Contractors: ARxIUM Provides Helpful Guidance

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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

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

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – December 2022

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GOVERNMENT CONTRACTS - 2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors - The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...more

PilieroMazza PLLC

PilieroMazza Win in Game-Changing Randolph-Sheppard Decision Could Increase Food Service Attendant Contract Awards to Federal...

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The Government Accountability Office (GAO) issued a notable decision on March 24, 2022, in a protest filed by PilieroMazza attorneys Katie Burrows and Matt Feinberg on behalf of J.W. Mills Management, LLC (J.W. Mills),...more

PilieroMazza PLLC

2021 GAO Bid Protest Annual Report: What the Report Reveals About Bid Protests at the GAO

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The recently released 2021 Bid Protest Annual Report (Report) from the Government Accountability Office (GAO) covers cases filed with the agency, including protests, cost claims, and requests for reconsideration.  In this...more

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

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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

Bass, Berry & Sims PLC

Size Recertification Prior to Award – When is it Required?

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

Stinson - Government Contracting Matters

Don’t Wait Too Long to Bring Your Protest or You’ll Miss Your Opportunity!

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

Morrison & Foerster LLP - Government...

Class Waivers of the Non-Manufacturer Rule: New OHA Decision Creates Uncertainty

Those familiar with Federal procurements know the general rule: If you submit a proposal against a solicitation despite disagreeing with one of its provisions, you usually waive the right to challenge that provision in the...more

Holland & Knight LLP

2019 NDAA Analysis: Bid Protest Changes Affecting Government Contracts

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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

Pillsbury Winthrop Shaw Pittman LLP

Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

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

Pillsbury Winthrop Shaw Pittman LLP

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

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

Sheppard Mullin Richter & Hampton LLP

Supreme Court to Hear VA Procurement Controversy This Fall

In a matter of keen interest to the small business community, last month the Supreme Court, granted certiorari in Kingdomware Technologies, Inc. v. United States. The Court’s decision will hopefully bring some closure to the...more

Cohen Seglias Pallas Greenhall & Furman PC

Court Upholds Rights of Small Business Dredging Contractors

In a bid protest argued by our firm before the United States Court of Federal Claims on September 23, 2014, the Court ruled in favor of our client, RLB Contracting, Inc., (RLB) in a matter involving the designation of the...more

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