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This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more
Many solicitations for government contracts provide prospective contractors with the opportunity to ask questions. In some instances, the government’s answers to those questions create additional questions. When that’s the...more
Semiconductor Supply Chain Update - FAR Council Released Advance Notice of Proposed Rulemaking - Suppliers of semiconductors to the government beware. The FAR Council released an Advance Notice of Proposed Rulemaking...more
Companies competing for federal contracting opportunities now have yet another reason to fear their proposals being rejected and their awards getting overturned....more
WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more
Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. As we...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
This month’s Bid Protest Round-Up examines two recent decisions by the U.S. Court of Federal Claims (“COFC”). The first, Percipient.AI, Inc. v. United States, COFC No. 23-28C, involves the protest by a non-offeror of a...more
The common theme of this month’s Law360 Bid Protest Roundup is a seemingly hot topic these days: joint ventures. One recent Government Accountability Office (“GAO”) decision and one recent U.S. Court of Federal Claims...more
Preventing Organizational Conflict of Interest Federal Acquisition Act, P.L. No 117-324 (January 3, 2023) The FAR 9.5 OCI provisions have been out-of-step with practice for well over a decade. Government and private...more
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
The General Services Administration’s Federal Supply Schedule contracts are an efficient method for agencies across the Government to meet their needs for many commercially available supplies and services. For requirements...more
The U.S. Court of Appeals for the Federal Circuit has issued its long-awaited decision in Harmonia Holdings Group, LLC v. United States, vacating a bid protest decision the U.S. Court of Federal Claims rendered nearly two...more
The Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) recently proposed a series of noteworthy amendments to the Federal Acquisition...more
This month’s Law360 Bid Protest Roundup examines three recent decisions from the U.S. Court of Federal Claims. The first two cases highlight splits between the court and the Government Accountability Office related to...more
This installment of our monthly Law360 bid protest spotlight examines three protest decisions addressing (1) mismatches between proposed labor categories and the scope of a vendor’s underlying General Services Administration...more
This month’s bid protest roundup (featured on Law360) examines three recent decisions by the Government Accountability Office (“GAO”). The first, Solers[i], examines potential conflicts of interest arising out of the...more
This installment of our Law360 bid protest spotlight examines two protest decisions released in December, provides a year-end review of key bid protest decisions from 2019, and discusses a few takeaways from the U.S....more
A recent protest decision highlights a little-known sole source authority unique to GSA Schedule procurements that could benefit federal contractors and their agency customers working on complex information technology...more
Given the broad discretion afforded to agencies when they decide to take corrective action in response to a protest, it sometimes seems like challenges to a corrective action are destined to fail. The Government...more
GOVERNMENT CONTRACTING - “Proposed Information Collection Request; Federal Contractor Veterans' Employment Report VETS-4212.” Federal Register, July 18, 2017. Retrieved from federalregister.gov. The Veterans'...more
The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver...more
In a Federal Supply Schedule (“FSS”) procurement conducted under FAR Subpart 8.4, all items quoted and ordered by the agency are required to be available on the vendor’s schedule contract as a precondition to its receiving...more