Navigating Bid Protest Choices at GAO and COFC
DE Under 3: U.S. GAO Report on Military Spouse Employment Focused on Challenges of Part-Time Work
A Discussion with GAO General Counsel Edda Emmanuelli Perez
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
This month’s Bid Protest Roundup highlights three recent protests from the U.S. Government Accountability Office. The first protest concerns whether the protester is an interested party; the second involves the adequacy of an...more
ITility, LLC - B-421871.3 - The protester argued that the Department of Homeland Security had unreasonably assessed the awardee a “positive” based on an incorrect understanding of what the awardee had proposed....more
Deloitte Consulting LLP - B-422094; B-422094.2 - • During the evaluation of the awardee’s quotation, the Department of Homeland Security identified a potential Organizational Conflict of Interest (“OCI”) with one of...more
Department of Defense (DOD) Final Rule: Inapplicability of Certain Laws and Regulations to Commercial Items - DOD issues this Final Rule to amend the DFARS to address the inapplicability of certain laws and regulations to...more
SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval - As PilieroMazza recently reported, on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee...more
GOVERNMENT CONTRACTS - Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program - On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where...more
BID PROTESTS - GAO Sustains Protests of CIO-SP4 Procurement - On June 29, 2023, the Government Accountability Office (GAO) sustained protesters’ challenge of the Department of Health and Human Services (HHS), National...more
GOVERNMENT CONTRACTS - GAO Sustains Rare Bid Protest Challenging Agency’s Corrective Action - In February 2023, the Department of Energy (DOE) agreed to take corrective action following three bid protests filed at the...more
We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing...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
GOVERNMENT CONTRACTS - GSA Awards Blanket Purchase Agreements for Electric Vehicle Supply Equipment Procurement - The General Services Administration (GSA) awarded new Electric Vehicle Supply Equipment (EVSE) Blanket...more
GOVERNMENT CONTRACTS - Biden Signs PRICE Act to Reform Federal Procurement and Help Small Business Contractors, March 9, 2022, Cy Alba President Biden recently signed the PRICE Act (Promoting Rigorous and Innovative Cost...more
A recent U.S. Court of Appeals for the Federal Circuit (Federal Circuit) decision provides unsuccessful government contractors yet another avenue to pursue a bid protest. Notably, the Federal Circuit resolved the looming...more
As August recess gets underway for the House and the Senate, ML Strategies has prepared a summary of the status of this summer’s key cybersecurity issues. ML Strategies will continue to track these and other cybersecurity...more
GOVERNMENT CONTRACTING - The Congressional Research Service issued a report providing an overview of small business contracting. The report describes the various federal programs, requirements, procurement officers, and...more
The Government Accountability Office (GAO) recently published a report on the federal government implementation of the Buy American Act. The Buy American Act of 1933 is one of several statutes implementing a preference for...more
A recent GAO decision upholds a facility clearance in a U.S. Department of Homeland Security (“DHS”) solicitation even if burdensome to unpopulated joint ventures. The protester in the case made a common mistake among...more
On January 3, 2017, the United States Government Accountability Office (GAO) delivered a report to Congress recommending that the General Services Administration (GSA) inform tenant agencies when leasing high-security space...more
We recently wrote about issues bidders have faced with submitting proposals via FedConnect that have led to GAO concluding the bidders’ proposals were untimely. In line with these decisions, GAO has again demonstrated its...more