The first decision, Kearney & Co. v. U.S., explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services...more
The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established...more
This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission....more
This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more
This month’s Bid Protest Roundup focuses on a recent U.S. Court of Federal Claims decision involving the limitations of the government’s deference defense and a U.S. Government Accountability Office (GAO) that involved the...more
This month’s bid protest roundup looks at two GAO protests from August. One examines the risks of using former federal employees to assist with proposal development when their prior access to non-public information might...more
This month’s bid protest roundup focuses on two decisions from the U.S. Court of Federal Claims (“Court”) and one decision from the U.S. Government Accountability Office (“GAO”). These decisions involve (1) the Court’s...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
This month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions. While all three protests were unsuccessful, each serves as a different...more
This month’s roundup considers three recent protests: (1) an important decision by the Court of Federal Claims rejecting controversial precedents of the U.S. Government Accountability Office (GAO) concerning key personnel...more
The Court of Federal Claims (CoFC) recently held that an offeror was not obligated to inform the agency of staffing changes, affecting its key personnel, that occurred following its proposal submission. This new CoFC decision...more
WHAT: In a decision released on February 4, 2022, the Court of Federal Claims (COFC) declined to follow the Government Accountability Office’s (GAO’s) rule that offerors are obligated to inform agencies when proposed key...more
This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a...more
The automatic stay of award is one of the key elements of a bid protest under the Competition in Contracting Act. The CICA stay is only available when a protest is filed no later than ten days after contract award or no later...more
We have previously addressed the challenges and legal risks of an offeror being the subject of a major transaction while it has a proposal pending for a Federal procurement. In numerous bid protest decisions, the U.S....more
The Situation: The U.S. Government Accountability Office ("GAO") recently sustained a bid protest concluding that a company was ineligible for award because of "key personnel unavailability." Although the employee remained...more
In this month’s bid protest roundup (featured on Law360), we consider three protest decisions the GAO released in the month of July, each of which provides important guidance for companies competing for government...more
To all our friends and readers out there, we hope you are surviving protest season! Our clients have had some big successes, and hopefully you have, too. In the spirit of the season, the Obermayer Government Contracting group...more
The U.S. Court of Federal Claims (COFC), in Netcentrics Corp. v. United States, recently upheld an agency’s decision to disqualify an offeror from a procurement based on a perceived material misrepresentation in the offeror’s...more
In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations. Enhanced Debriefing rule does not alter GAO timeliness rules....more
The Department of Defense has taken steps to implement a portion of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 (Pub. L. 115-91) enhancing postaward debriefing rights. Specifically, Shay Assad, Director...more
• A potential offeror may have jurisdiction to protest a government insourcing decision at the Court of Federal Claims. • This issue will likely need to be resolved by the Court of Appeals for the Federal Circuit. ...more
On January 14, 2013, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held that an offeror had standing to challenge the exclusion of its proposal from a competition even prior to a competitive range,...more