Discussions & Clarifications

NOVEMBER 1, 2023

Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of 1984 ("CICA") and provides the government contracting community with good insight into GAO's bid protest function. [1]

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Government Contracts

JUNE 25, 2024

In this month's bid protest roundup, Nicole Giles and Ethan Sterenfeld at MoFo discuss a decision from the U.S. Government Accountability Office, which highlight how labor mapping, jurisdiction questions and incumbency bias can affect outcomes. Court of Federal Claims and two from the U.S.

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Government Contracts

JULY 25, 2024

Government Accountability Office upheld the U.S. million IT deal, rejecting claims that the eventual award-holder had revised too much of its bid after being allowed to alter parts of its proposal. Space Force's $30.2

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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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GovCon & Trade

JANUARY 22, 2024

The PIA prohibits the release of source selection and contractor bid or proposal information before the award of a federal agency procurement contract to which the information relates and bars federal officials from accepting compensation from contractors if they served in certain positions on a procurement action in excess of $10 million.

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Federal News Network

MAY 15, 2024

Sikorsky Aircraft and the Defense Department have been arguing in court for the past 17 years, over the company’s compliance with cost-accounting standards. So, what happens, if you’ve got a contract that’s subject to the full cost accounting standards, you have to submit a disclosure statement. Zach Prince Yes.

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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

JULY 25, 2024

In this month's bid protest roundup, Caitlin Crujido at MoFo examines three recent decisions from the U.S.

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Government Contract Insights

APRIL 21, 2024

This month’s Bid Protest Roundup highlights two Procurement Integrity Act (PIA) decisions from the U.S. Government Accountability Office (GAO). Court of Federal Claims and one solicitation interpretation decision from the U.S.

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Public Contracting Institute

JULY 5, 2024

In the complex world of government contracting, understanding and implementing Cost Accounting Standards (CAS) is crucial for success. Today, we’re diving deep into CAS 406, which focuses on establishing and adhering to cost accounting periods.

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Government Contracts

JANUARY 25, 2024

In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Government Accountability Office and the U.S.

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Government Contract Insights

MARCH 6, 2024

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. The second, Kauffman and Associates, Inc.,

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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. Stay tuned next month for our January 2024 Bid Protest roundup. FOOTNOTES [1] Washington Bus.

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Public Contracting Institute

MAY 20, 2024

Government Construction Projects: Bidding and Winning Strategies for Success Government construction projects offer significant opportunities for businesses to grow and thrive. To succeed in this competitive arena, it’s essential to understand the bidding process and develop winning strategies.

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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 Contracts

DECEMBER 6, 2023

In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.

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Government Contracts

MARCH 5, 2024

In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.

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Government Contracts

APRIL 9, 2024

Government Accountability Office has tossed a dispute over a U.S. Department of Veterans Affairs contract for health and wellness classes, saying a late bid barred the protest even though the VA agreed to consider the protester's proposal.

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Government Contracts

FEBRUARY 21, 2024

Government Accountability Office has agreed with the U.S. Army's decision to deem unacceptable an engineering firm's bid for construction deals in South Korea, as the watchdog found the bids unclear on who would perform certain quality control and safety activities.

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Government Contracts

DECEMBER 18, 2023

Army Corps of Engineers unreasonably excluded a company from consideration for construction contracts after submitting copied bid bonds, saying the Corps relied on an "irrational" U.S. Government Accountability Office decision. A Court of Federal Claims judge ruled that the U.S.

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FedScoop

OCTOBER 27, 2023

Challenges to a $50 billion government-wide IT contracting vehicle, CIO-SP4, contributed to a 22% increase in bid protests handled by the Government Accountability Office, according to numbers the agency submitted to Congress. Even without the contract, however, protests would have likely seen a slight bump.

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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. Court of Federal Claims and U.S.

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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

JANUARY 10, 2024

EY is still in the running for a $7 billion multistage bid to provide technological products and services to the FBI, making its challenge to a low confidence rating premature, said the U.S. Government Accountability Office.

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Government Contracts & Investigations

DECEMBER 6, 2023

Since the beginning of Fiscal Year 2024, the Government Accountability Office has published 35 decisions, but only two of which resulted in decisions sustaining the challenge. Below we dive into recent bid protest decisions and identify what won, what did not win, and why.

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Government Contracts

NOVEMBER 14, 2023

In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law. Court of Federal Claims and the U.S.

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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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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). percent in bid protests during calendar year 2021-2022 before the Court of Federal Claims (information given in a speech by Judge Patricia Campbell-Smith last year).

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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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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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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

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

DECEMBER 5, 2023

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

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Government Contracts

OCTOBER 20, 2023

In this month's bid protest roundup, Roke Iko at MoFo examines a recent decision from the U.S. Government Accountability Office that highlights the risk to offerors of relying heavily on evaluators’ prior knowledge. Court of Federal Claims about the parameters of agency deference, and one from the U.S.

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Government Contracts

OCTOBER 10, 2023

Government Accountability Office ruled in a decision released Tuesday that a Virginia consultant had submitted a technically unacceptable bid for a $21 million Defense Information Systems Agency contract, sweeping aside the contractor's protest to the award.

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Government Contract Insights

MARCH 31, 2024

In our bid protest roundup for March, we consider three recent decisions of the Government Accountability Office (GAO). The first explains why similar proposals for similar requirements under similar evaluation criteria may legitimately receive very different ratings from one procurement to the next.

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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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