Federal News Network

NOVEMBER 8, 2023

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. And our total number of cases filed in fiscal year 2023 was 225, and for fiscal year 22 it was 1,658.

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Government Contracts & Global Trade

OCTOBER 10, 2023

The bid protest process is an integral part of doing business as a government contractor. In this interactive course, veteran Government Contracts attorneys Franklin Turner and Maria Panichelli walk contractors through the nuances of the protest lifecycle.

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Government Contracts & Investigations

JANUARY 31, 2024

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. Below, we cover a few important GAO decisions you should know from December 2023. LLC , B-421676.4,

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Public Contracting Institute

NOVEMBER 29, 2023

The Government Accountability Office (“GAO”) released its annual bid protest report to the Congress for fiscal year 2023 on October 26, 2023 (B-158766). The GAO sustain rate increased substantially from 13 percent in FY 2022 to 31 percent in FY 2023. This compares with a two year average sustain rate of 9.71

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Government Contracts & Investigations

DECEMBER 6, 2023

As contracting activities are busy awarding new contracts, it is important to follow the trends related to successful and effective protests as you consider filing your own bid protest, or as you defend your award as an intervenor. Below we dive into recent bid protest decisions and identify what won, what did not win, and why.

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Government Contracts

JANUARY 16, 2024

Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

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Government Contracts

FEBRUARY 9, 2024

Successfully defending against a bid protest over the U.S.

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SmallGovCon

NOVEMBER 22, 2023

On top of that, a debriefing can delay bid protest filing deadlines at GAO. However, recently, GAO clarified that the bid protest filing deadline delay for debriefings only applies to GAO protests. 16, 2023) , GAO examined how a pre-award debrief affects (or in this case doesn’t affect) agency-level bid protest deadlines.

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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] 5] DCAA Contract Audit Manual (DCAM) ¶ 14-102.c c (June 2023). The DCAM is available at [link] (last visited August 23, 2023). [6]

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Public Contracting Institute

MAY 8, 2024

The Federal Acquisition Regulation (“FAR”) gives contracting officers significant flexibility in selecting the procurement method they choose to use. these parts require full and open competition, full and open competition after exclusion of sources and other than full and open competition, respectively] (a) Sealed bids.

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Government Contracts Legal Forum

AUGUST 8, 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. View the full article

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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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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 Legal Forum

NOVEMBER 6, 2023

On October 26, 2023, the U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2023. Thus, bid protests remain an important oversight mechanism for the federal procurement system. The post GAO’s Bid Protest Sustain Rate Soars, but Is There a Catch?

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SmallGovCon

JANUARY 11, 2024

While we have already posted some updates from 2024, it’s a good time to reflect on the important posts from 2023. This post revisits those blog posts from 2023 that were the most popular. It’s a good chance to look back on the important articles from 2023, and those topics of continuing interest to federal contractors.

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Government Contracts Legal Forum

JULY 31, 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. LLC; Akima Sys. View the full article

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Government Contracts

DECEMBER 21, 2023

Several important but lower-profile decisions with the potential to impact government contractors have been decided this year, addressing and clarifying issues such as limits to protesting task orders and when the bid protest deadline clock actually starts ticking.

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Public Contracting Institute

JANUARY 31, 2024

FAR 52.214-16, Minimum Bid acceptance Period: the contracting officer inserts a time period in that clause, similar to Form 33 above; or A time period set forth somewhere else in the text of the solicitation. Apparently, Global was the low responsive bid. The agency made award to the next-lowest bidder at its bid price.

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Government Contracts Legal Forum

OCTOBER 27, 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. View the full article

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Holland & Knight: Government Contracts

OCTOBER 30, 2023

Government Accountability Office (GAO) issued its annual report to Congress on bid protects for Fiscal Year 2023, showing an increase in bid protests and sustains.

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SmallGovCon

SEPTEMBER 15, 2023

Military GSA shifts Federal Acquisition Service organizational structure to align with customers The post SmallGovCon Week in Review: September 11-15, 2023 first appeared on SmallGovCon - Government Contracts Law Blog. Have a great weekend. US Department of Labor, Navient Corp.

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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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Federal News Network

MARCH 25, 2024

However, according to KPMG’s 2023 Trust in Artificial Intelligence global study , 61% of respondents are wary about trusting AI. As technology adoption continues to proliferate, there is a growing expectation for businesses to respond swiftly to procurement opportunities – this will make its way into the government contracting space, too.

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Government Contracts Legal Forum

DECEMBER 18, 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-421597.2, View the full article

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SmallGovCon

APRIL 19, 2024

On May 18, 2023, it entered a decision on opposing motions for summary judgment in a size protest that had become a False Claims Act case. Bid Solve, Inc. 2023) began as a standard size protest back in 2018. Bid Solve) after reviewing those returns. Looking for the latest government contracting legal news?

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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

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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SmallGovCon

JANUARY 8, 2024

The Case In 2023, the COFC heard an appeal of the SBA’s determination that LS3, LLC, (LS3), a mentor-protégé joint venture comprised of LUKAYVA—the protégé and SDVOSB—and its mentor, Systems Application & Technologies, Inc. (SA-TECH), 23-1392, 2023 WL 8638647 (Fed. Looking for the latest government contracting legal news?

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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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Procurement Notes

MARCH 5, 2024

27] “He noted that in early 2023 this model suggested only a 12% chance of a recession[.]” [28] Other Negative Indicators On top of the foregoing, some negative indicators are sprouting. For consumers, “[c]redit card delinquencies surged more than 50% in 2023 as total consumer debt swelled to $17.5 billion from $11.2 billion.” [37]

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Select GCR

JUNE 12, 2023

He has put together a team of professional Federal Business Development Advisors focused on the world of Government contracting. They pride themselves on their clients’ success and guarantee their marketing strategy will land Government contracts!

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Government Contracts Legal Forum

NOVEMBER 21, 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. In BDO Public Sector, LLC , B-421677.2 (Oct.

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SmallGovCon

FEBRUARY 12, 2024

Sanford argued that the protest did not make sense and was non-specific, basically arguing that the protest referred to contracts in 2023 that would not provide any money to Sanford until well after the period for review. If a federal contractor bids on a small business set-aside, it opens up that company to a potential size protest.

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SmallGovCon

OCTOBER 23, 2023

SIZ-6246, 2023 (Sept. 26, 2023), OHA reviewed an award to Federal Performance Management Solutions, LLC, a joint venture (the JV) between a small business and its approved large business mentor. Since the change, joint ventures are not limited by the number of awards, only by the timing of bids. Need legal assistance?

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Government Contracts & Investigations

NOVEMBER 7, 2023

With GAO’s statistics for Fiscal Year 2023 (“FY 23”) just released, we thought now is the perfect time to share some insights we gained by reading every published decision in which GAO sustained a protest during FY 23. Just looking at the numbers, between 2019 and 2023, the protester lost between 69% to 87% of the merits based decisions.

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Federal Construction Contracting

FEBRUARY 22, 2024

Department of Veterans Affairs (the VA) contract, learned the hard way that a contractor simply cannot ignore a size protest, regardless of its actual merit. On August 8, 2023, the VA issued an RFQ for boiler plant safety device testing, calibration and inspection for one of its facilities in Arizona. Sanford Federal, Inc.,

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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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