This Week in FCPA-Episode 53, the I left my heart in San Francisco edition
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
This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions...more
Bid protest determinations serve to resolve challenges to procurement decisions by government agencies. Beyond that purpose, these rulings can also offer valuable insights as to what factors determine whether or not a...more
This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in...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 month’s Bid Protest Roundup (featured on Law360) examines three recent decisions by the U.S. Government Accountability Office (GAO) and the Court of Federal Claims (COFC). The first, Tridentis, LLC, highlights the...more
Don’t rely on an out-of-office notification to keep you in the competition. The U.S. Government Accountability Office’s (GAO) recently-published decision in Ortho-Clinical Diagnostics, Inc., B-418946, Oct. 23, 2020, 2020 CPD...more
This month’s Law360 spotlight examines three protest decisions addressing first article testing, proprietary information in unsolicited proposals, and timely submittal of proposals... Article first appeared in Law360, June...more
Government contractors should consider all contract performance vitally important because they can’t always control which past performance is considered by agency evaluators. ...more
Technically, no. However, when the contractor is protesting the award of a contract for the same agency that issued the unfavorable Contractor Performance Evaluation Report (CPAR), the contractor may have some success arguing...more
Many government contractors do not know that they can protest a modification of a contract that was awarded to a competitor if that modification is materially beyond the scope of the original contract. It’s true: where a...more
A recent decision from the GAO serves as a harsh reminder that protests based on the terms of the solicitation must be filed pre-award. In Megatech Corporation, B-417582 (June 25, 2019), a contractor brought a protest,...more
Federal Court Upholds Termination of Navy Lease Bid Due to Environmental Concerns - In Open Spirit, LLC v. United States, No. 15-370C (Fed. Cl. filed April 28, 2017), the U.S. Court of Federal Claims upheld the...more
On January 30, the U.S. Government Accountability Office (GAO) issued its decision denying Concurrent Technologies Corp.’s (CTC) protest of the U.S. Navy’s award of a support contract for the Navy Manufacturing Technology...more