News & Analysis as of

Prime Contractor Subcontractors Bid Protests

Pillsbury Winthrop Shaw Pittman LLP

In a Landmark Decision, Federal Circuit Expands Protest Jurisdiction at COFC

The U.S. Court of Appeals for the Federal Circuit narrowly interprets the Federal Acquisition Streamlining Act’s bar on task order protests at the U.S. Court of Federal Claims, expanding the court’s bid protest jurisdiction. ...more

Wiley Rein LLP

Federal Circuit Expands Standing and Jurisdiction in Protests at the Court

Wiley Rein LLP on

WHAT: In Percipient.ai, Inc. v. United States, a split panel of the U.S. Court of Appeals for the Federal Circuit held that the Federal Acquisition Streamlining Act (FASA) “task order bar” does not apply to claims that an...more

PilieroMazza PLLC

Question the Questions and the Answers: Bid Protest Decision Highlights Need to Clarify Ambiguities Prior to Bidding

PilieroMazza PLLC on

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

Morrison & Foerster LLP - Government...

June 2023 Bid Protest Roundup: Errors, Experience, Corrective Action

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

Schwabe, Williamson & Wyatt PC

SBA 8(a) Program Regulatory Changes: Ostensible Subcontractor Rule ‎

On April 27th, the U.S. Small Business Administration (SBA) published a final rule making changes to the regulations governing its 8(a) program. This final rule is SBA’s implementation of the proposed rules issued by the SBA...more

Bass, Berry & Sims PLC

Joint Venture Past Performance Can Be Gleaned from Previous Prime-Sub Relationships

Bass, Berry & Sims PLC on

Over the last few years, the government has shifted away from lowest price technically acceptable valuations placing a larger importance on past performance. The past performance requirement can sometimes create obstacles for...more

Cohen Seglias Pallas Greenhall & Furman PC

[Event] Protecting Your Rights on Federal Construction Projects Breakfast Seminar- May 23rd - Honolulu, HI

Contracting with the federal government on construction projects involves challenges and risks for even the most experienced contractors. In this seminar, federal construction contracting attorneys Michael Payne and Bob...more

Davis Wright Tremaine LLP

Ostensible Subcontractor Rule Does Not Apply to Similar Entities

A recent bid protest decision confirmed that the ostensible subcontractor rule cannot apply to similarly situated entities. The rule can result in a finding of affiliation if a small business prime contractor is determined to...more

Holland & Knight LLP

Recent Dispute Between Teaming Partners Teaches Lessons about Drafting Protest Provisions in Teaming Agreements

Holland & Knight LLP on

A Florida federal court has ruled that a teaming agreement for a government contract did not compel an unsuccessful prime contractor to protest a lost award, despite the demand by its subcontractor teaming partner. TYR...more

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