Government Contract Insights

NOVEMBER 13, 2023

This month, we feature three bid protest decisions—two from the U.S. Government Accountability Office (“GAO”) and one from the U.S. Court of Federal Claims (“COFC”).

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Government Contracts

NOVEMBER 9, 2023

Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result. Attorneys at Sheppard Mullin look beyond the statistics in the U.S.

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GovCon & Trade

DECEMBER 5, 2023

On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation requirement. We explore the two most salient aspects of the decision below.

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Government Contract Insights

DECEMBER 5, 2023

Government Accountability Office. This month's protest spotlight highlights three decisions by the U.S.

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GovCon & Trade

DECEMBER 5, 2023

On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation requirement. We explore the two most salient aspects of the decision below.

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Government Contracts Legal Forum

NOVEMBER 6, 2023

The following is an installment in Crowell & Moring’s 2023 Bid Protest Sustain of the Month Series. All through 2023, Crowell’s Government Contracts Practice will keep you up to date with a summary of the most notable bid protest sustain decision each month. B‑421740, B-421740.2, View the full article

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Government Contracts

NOVEMBER 7, 2023

Government Accountability Office's recent bid protest report reflects an increase in sustained protests, illustrating that disappointed offerors may see little reason to refrain from seeking corrective action — but there is more to the story, say Aron Beezley and Patrick Quigley at Bradley Arant.

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Government Contract Insights

JULY 16, 2023

This month’s bid protest roundup focuses on two decisions from the U.S. Government Accountability Office (“GAO”). Court of Federal Claims (“Court”) and one decision from the U.S.

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Public Contracting Institute

MAY 8, 2024

FAR 6.401 (Sealed Bidding and Competitive Proposals) states: Sealed bidding [using an Invitation for Bids-IFB] and competitive proposals [using a Request for Proposals-RFP], as described in [FAR] parts 14 and 15 , are both acceptable procedures for use under subparts 6.1 , 6.2 ; and, when appropriate, under subpart 6.3

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Government Contract Insights

AUGUST 7, 2023

This month’s bid protest roundup highlights two decisions from the U.S. Court of Federal Claims (“Court”), one addressing an offeror’s loss of key personnel and a second addressing organizational conflicts of interest (“OCIs”) arising out of an offeror’s reliance on former government employees in preparing its bid.

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Government Contract Insights

JUNE 13, 2023

This past month, bid protest decisions from both the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) provided important reminders of procedural rules that protesters and intervenors

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Government Contracts

OCTOBER 27, 2023

Government Accountability Office has announced a significant uptick in the number of bid protests filed, and the percentage of protests sustained, in fiscal year 2023, driven by hundreds of protests over a high-profile National Institutes of Health information technology procurement.

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Government Contract Insights

OCTOBER 19, 2023

This month’s Bid Protest Roundup focuses on a recent U.S. Government Accountability Office (GAO) that involved the proper application and discretionary nature of the so-called close-at-hand principle. Court of Federal Claims decision involving the limitations of the government’s deference defense and a U.S.

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Federal Construction Contracting

JUNE 5, 2023

On March 20, 2023, NIH notified Infotrend that its proposal was not selected for phase 2. On March 28, 2023 at 5:22 PM ET, NIH emailed the requested debriefing to Infotrend’s designated representative, the company’s CEO. The GAO’s bid protest regulations contain strict rules for the timely submission of protests.

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Government Contracts & Investigations

FEBRUARY 29, 2024

In January 2024, the Government Accountability Office (“GAO”) published 31 bid protest decisions, two of which resulted in decisions sustaining the protesters’ challenges. 29, 2023. [4] 25, 2023. [5] 21, 2023. FOOTNOTES [1] American Material Handling, Inc., B-422171, Jan. 22, 2024. [2] 5] ELS, Inc.,

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Discussions & Clarifications

JANUARY 8, 2024

The recent bid protest decision in ELS, Inc. , B-421989, December 21, 2023, 2023 CPD highlights an important aspect of bid protest litigation before the U.S. Government Accountability Office ("GAO"): task order jurisdiction.

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Government Contracts Navigator

NOVEMBER 1, 2023

Cody-Jones ● The Government Accountability Office (“GAO”) has released its Annual Report to Congress summarizing bid protest activity for Fiscal Year 2023 (GAO-24-900538). Meier and Carolyn R.

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Federal News Network

JANUARY 4, 2024

Foes are vanquished, in this case Boston Consulting Group, losing its OASIS+ bid protest at the Government Accountability Office. 21 and the Government Accountability Office has until April 1 to decide. It’s clear that they misevaluated our bid. billion in fiscal 2023 to $23.5 billion in 2027. the source said.

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Federal News Network

JULY 24, 2024

The CFOC judges only hear contracting bid protests so as practitioners, it’s better for us and vendors,” Bell said. The use of OTAs spiked in 2020 during the pandemic and after coming down in 2021 have been back on the rise in 2022 and 2023. Source: GAO Snapshot of governmentwide contracting for 2023.

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Public Contracting Institute

AUGUST 7, 2024

It is essential that a bid protest submitted in any forum must be timely in accordance with that forum’s rules. On October 3, 2023, the Department of Veterans Affairs provided DSoft with an award notice (i.e. 13, 2023, but apparently did not receive it. In DSoft Tech., Eng’rg & Analysis, B-422254, Feb.

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Select GCR

JUNE 12, 2023

A Unique Government Consulting Firm With being one-stop Government business development, they not only bring contracts to your front door, but they also teach you how to bid on them. The team demonstrates integrity and accountability throughout all engagements.”

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Inside Government Contracts

AUGUST 23, 2023

Bid Protests: GAO’s Loser Pays Pilot Program Once again, a “loser pays” bid protest pilot program has appeared in the NDAA, which would require contractors to reimburse DoD for costs incurred in “processing” bid protests that are ultimately denied by the Government Accountability Office.

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Open Contracting Partnership

MARCH 28, 2024

They are encouraging dialogue about who bought what from whom to improve visibility and accountability over the spending and the improved outcomes seen in the examples provided. Solution: Open contracting fosters competition among vendors, reducing costs through competitive bidding.

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Federal News Network

MARCH 27, 2024

Overstock Government decided not to bid on the next generation platform, sources say. GSA says for 2023 , 34 agencies spent $80 million, which is double the amount of money spent in 2022. Initially, GSA thought the market was about $6 billion, but came down in the last few years to the potential market being about $500 million.

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Open Contracting Partnership

SEPTEMBER 3, 2024

Their business facilitates access to procurement information, providing powerful analytics that help companies to search for new opportunities, prepare bids, and evaluate their performance on past tenders. According to the World Bank, public contracts account for 15% of global GDP. Our platform is updated throughout the day.

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Select GCR

SEPTEMBER 12, 2023

For example, Fiscal Year 2023 runs from October 1, 2022, through September 30, 3023. If you haven’t put your bid on those big contracts, now is the time. Used in federal tax filing and budget documents for reporting expenses and income, the fiscal year is utilized in accounting for the Government. Submit the award-winning bid.

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Government Contracts & Investigations

SEPTEMBER 28, 2023

If the answer is “yes”—or even “maybe”—healthcare companies may file a bid protest at the Government Accountability Office (“GAO”) or the U.S. So which arguments do win bid protests of healthcare-related contract awards? B-421325, 2023 CPD ¶ 74 (Mar. Court of Federal Claims (“COFC”) challenging the award.

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GovCon & Trade

NOVEMBER 17, 2023

On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline. The report provides important insights into the current state of GAO bid protests. An increase in overall protests.

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The Coalition for Government Procurement

MAY 16, 2024

LACKEY ; Mayer Brown On April 1, 2024, the Government Accountability Office (GAO) sustained a bid protest by TLS Joint Venture, LLC because the awardee’s registration in the System for Award Management (SAM) lapsed before the government awarded the contract. 650 (2023). Authored by EVAN C. WILLIAMS , JASON C.

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Select GCR

AUGUST 14, 2023

The Department of Labor announced that effective June 27, 2023, the Health and Welfare Fringe Benefit Rates have increased for those Service Contract Act wage determinations. You can figure that out by checking the solicitation or request for bid. What does this mean for your bidding process? per hour, or $199.20

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SmallGovCon

FEBRUARY 29, 2024

The 2024 NDAA was signed into law in late December 2023. Consequently, this will mean that once the DFARS is updated in line with the NDAA (hopefully by July of this year), Department of Defense acquisitions (and only those for now), will take into account any relevant past performance information of affiliates of a small business offeror.

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The Coalition for Government Procurement

SEPTEMBER 12, 2024

26, 2023, and the U.S. Accounting Corner: A First Look at the Highly Anticipated Alliant 3 RFP The Accounting Corner provides the procurement community with an opportunity to share insights and comments on relevant issues of the day. There are two sets of rules that will be utilized when the CMMC program is fully formed.

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Federal News Network

NOVEMBER 8, 2023

Contractors brought protests to the Government Accountability Office (GAO) more than 2,000 times last year, up more than 20% from fiscal 2022. He is one of the managing associate general counsel at the Government Accountability Office. So to summarize, there were 2,041 cases closed in fiscal 2023 versus 1,655 the year before.

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Government Contracts & Investigations

SEPTEMBER 25, 2023

31] If there are any significant variances between baseline and bidding rates or rate agreements, determine the cause and whether the contractor failed to disclose any known data. [32] c (June 2023). The DCAM is available at [link] (last visited August 23, 2023). [6] d (June 2023). [9] 2023) (TIN Audit Program). .

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Government Contracts & Investigations

FEBRUARY 29, 2024

In a previous article , we analyzed what made protests successful at the Government Accountability Office (“GAO”) in Fiscal Year 2023 (“FY23”). Now, we want to share some insights we gained while conducting the same analysis of bid protest decisions at the Court of Federal Claims (“COFC” or the “Court”). 588 (July 3, 2023). [2]

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SmallGovCon

APRIL 4, 2024

A “hot off the presses” GAO ruling has confirmed that the timing of SAM registration can make or break a contractor’s winning bid. At the center of the protest is FAR 52.204-7 , which lays out the requirements for SAM registration when bidding on a federal procurement. In TLS Joint Venture, LLC , B-422275 (Comp.

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SmallGovCon

SEPTEMBER 19, 2023

May 23, 2023). Since DHHS didn’t get to waive the requirement, it then attempted to argue that FAR 14.405 allows agencies to correct minor irregularities in an offeror’s proposal when the irregularity is immaterial to an invitation for bids. Myriddian, LLC v. United States , No. 23-443 (Fed.

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