Government Contracts Legal Forum

Category Archives: Bid Protest

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Top Five Bid Protest Topics in 2017

Posted in Bid Protest, Legal Developments
With 2017 firmly in the rear-view, it’s time to take stock of recent and anticipated bid protest developments.  Today, we’ll look back and highlight five of the most significant trends in 2017 bid protests.  In the near future, we’ll turn our gaze forward and predict the five most important protest developments to keep an eye… Continue Reading

All Things Protest: The Inaugural Podcast

Posted in Bid Protest, Podcast
Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this inaugural episode, hosts Olivia Lynch, Rob Sneckenberg, and Christian Curran cover GAO’s FY2017 bid protest statistics, the RAND Corp.’s comprehensive report… Continue Reading

When is a Required Evaluation Not Required? A Warning for Contractors Expecting the Government to Evaluate Professional Compensation

Posted in Bid Protest, Legal Developments
Everyone can agree that professional employees should be compensated fairly and properly—both for the benefit of the employees and to ensure successful contract performance. However, a recent GAO decision could provide a loophole for agencies to forego the very evaluation designed to ensure that fair and proper compensation. Contractors competing for work involving meaningful numbers… Continue Reading

Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without

Posted in Bid Protest, Legal Developments, Podcast
Announcing a new podcast feature – Ask Us Anything! Have questions you’d like answered anonymously? Want our thoughts in general on a particular topic? Send in questions and we’ll do our best to feature them in a future podcast. Email your questions to David at Disclaimer: we cannot give legal advice unless and until… Continue Reading

Commitment to Training — Join Crowell & Moring for Gov Con 101

Posted in Bid Protest, Claims, Cost/Cost Accounting, Cybersecurity, Suspension & Debarment
Crowell & Moring is hosting Government Contracts 101 in our Washington, D.C., office on Thursday, October 26, 2017.  This all-day event will last from 8:30 a.m. to 6:30 p.m. at 1001 Pennsylvania Ave, N.W., and provide an overview of the full scope of issues that government contractors face on a daily basis.  We will cover FAR,… Continue Reading

Sustains on the Rise in FY 2016: The Key Takeaways from GAO’s Annual Report to Congress

Posted in Bid Protest
On December 15, 2016, GAO released its Annual Report to Congress for Fiscal Year 2016, including its updated Bid Protest Statistics for Fiscal Years 2012-2016. The Report, which GAO is required to submit pursuant to the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2), identifies the most common reasons for sustained protests in… Continue Reading

VIDEO: Bid Protest Litigation — Trends, Impact, and Corrective Action

Posted in Bid Protest
Partner Amy O’Sullivan, in a two-part video alert series, discusses the impact that a smaller pool of procurement dollars has had on bid protest litigation, recent trends in bid protest litigation, and corrective action that is more frequently a procuring agency’s response to a bid protest. Both videos are embedded below for viewing. For a… Continue Reading

GAO Declines to Apply the Interested Party Rule in a Protest Filed under the Name of the Wrong Company

Posted in Bid Protest
(contributed to by Derek R. Mullins) When protesting to the Government Accountability Office, contractors must satisfy GAO’s “interested party” rule. In other words, a protester must be an actual or prospective bidder or offeror with a direct economic interest in the procurement. In post-award protests, it is expected that the entity that files a protest… Continue Reading

GAO Releases Protest Statistics for FY 2013

Posted in Bid Protest
In its annual report to Congress under the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2), GAO disclosed the following bid protest statistics for FYs 2009-2013: For the first time since FY 2006, the number of cases filed in FY 2013 decreased from the previous year (the FY 2005 – FY 2009 statistics,… Continue Reading

C&M Litigators Conduct Seminar on Bid Protest Procedure and Strategy

Posted in Bid Protest
On September 19, 2013, bid protest attorneys Amy O’Sullivan, Jonathan Baker, and Olivia Lynch will once again be teaching the “Bid Protests: Practice, Procedure and Strategy” course for Federal Publications Seminars. This full-day, CLE-eligible, seminar focuses on practice, procedure, and strategy for protests litigated at the agency-level and before the U.S. Government Accountability Office and… Continue Reading

In Case of First Impression, COFC Concludes Single-Source Award in Multiple Award IDIQ Contract Fails to Satisfy FAR 16.504

Posted in Bid Protest
In CW Government Travel, Inc. v. United States, COFC No. 12-708-C (April 11, 2013), the United States Court of Federal Claims (“COFC”) sustained CW Government Travel’s (“CWT”) protest challenging the General Services Administration’s (“GSA”) decision to award a multiple award Indefinite-Delivery/Indefinite-Quantity (“IDIQ”) contract valued in excess of $103 million to a single source as inconsistent… Continue Reading

Trends and Developments in Bid Protests — Ounce of Prevention Seminar, May 15-16

Posted in Bid Protest
Crowell & Moring is hosting its annual Ounce of Prevention Seminar (OOPS) for government contractors on May 15-16, 2013 in Washington, D.C.  For the past 28 years, OOPS has provided a forum for discussion of the latest developments in federal contracting. Thomas Humphrey, Daniel Forman, Derek Mullins, and I will be discussing Trends and Developments… Continue Reading

Application of GAO’s Timeliness Rules for GAO Protests Filed after Agency-Level Protest Is the Same Regardless of the Nature of the Adverse Agency Action

Posted in Bid Protest
The Government Accountability Office recently rejected a novel argument regarding how timeliness is to be determined for GAO protests filed after an agency either dismisses or denies an agency-level protest.  In finding that the timeliness of such a protest does not depend on the nature of the adverse agency action, GAO has effectively prevented an… Continue Reading


Posted in Bid Protest
In another example of the Court of Federal Claims ("Court") and the Government Accountability Office (GAO) reaching different conclusions, the Court sustained a $32 million protest in a recent decision brought against the Department of Veterans Affairs ("VA"), whereas GAO had dismissed the protest as untimely on the grounds that LabCorp should have protested what… Continue Reading

Veterans Affairs Continues to Defy GAO on Set-Asides

Posted in Bid Protest
In Kingdomware Technologies, B-406507, May 30, 2012, 2012 CPD ¶ —, GAO sustained a protest alleging that the Department of Veterans Affairs (“VA”) improperly used the Federal Supply Schedule (“FSS”), rather than setting aside the procurement for service-disabled veteran-owned small business (“SDVOSB”) concerns. If this scenario seems familiar, that’s because it is. In several decisions over… Continue Reading

Proposed Revisions to the Tucker Act Would Dramatically Change the Bid Protest Landscape

Posted in Bid Protest
CORRECTION (5/15/12): A prior version of this blog post first posted on May 11, 2012, analyzed the proposed amendment to the Tucker Act discussed herein under the mistaken impression that it had been part of the committee mark version of the 2013 National Defense Authorization Act. We have since learned that the proposed amendment to the… Continue Reading

Physical Possession Not Required to Demonstrate a Paper Proposal Is “Under the Government’s Control” Prior to Submission Deadline

Posted in Bid Protest
In a recently unsealed decision, Judge Damich of the Court of Federal Claims sustained a pre-award protest by The Electronic On-Ramp, Inc. (“EOR”), finding that the Defense Intelligence Agency (“DIA”) improperly rejected EOR’s bid as late where, although an electronic copy was timely received and the paper copy arrived at the base where DIA is… Continue Reading

The Court of Federal Claim’s Task and Delivery Order Jurisdiction May Be Back in Play

Posted in Bid Protest
In September, I wrote about the Court of Federal Claims’ decision in MED Trends, Inc. v. United States, No. 11-420 (Fed. Cl. Sept. 13, 2011), where the Court concluded that it now enjoys jurisdiction over civilian task and delivery order procurements of any dollar value. Prior to this ruling, pursuant to 41 U.S.C. § 4106(f), protests of… Continue Reading

Chance to Change Pricing Generally Required After Corrective Action

Posted in Bid Protest
This week, GAO released a decision in Power Connector, Inc., B-404916.2, Aug. 15, 2011, 2011 WL 5029615 that appears to introduce a significant change to the circumstances in which a procuring agency may limit the scope of proposal revisions during corrective action. Prior GAO precedent indicated that there are certain instances where an agency could… Continue Reading

The Court of Federal Claims Opens Its Doors to Protests of Civilian Task and Delivery Order Procurements

Posted in Bid Protest
In June I wrote about GAO’s conclusion that its protest jurisdiction over agency task and delivery order procurements will not only continue after the May 27, 2011 sunset date, but will expand. At that time, I noted that, to the extent the Court of Federal Claims agreed with GAO’s interpretation of the 41 U.S.C. § 4106(f)(3)… Continue Reading

GAO Invalidates Award for Lease of Health & Human Services’ Office Space

Posted in Bid Protest
In One Largo Metro LLC et al., B-404896 (June 20, 2011), GAO sustained protests by three disappointed offerors, challenging GSA’s award regarding a lease of office space in suburban Maryland for the Department of Health and Human Services. Crowell & Moring attorneys represented King Farm Associates, LLC (“King Farm”), one of the protesters.  In sustaining the protests,… Continue Reading

GAO Expands Its Jurisdiction Over Protests of Civilian Task and Delivery Order Procurements

Posted in Bid Protest
With legislation to extend the GAO’s protest jurisdiction over civilian agency task and delivery order procurements stalled in Congress, GAO has concluded that its protest jurisdiction over those procurements will not only continue after the May 27, 2011 sunset date, but will expand.  The Federal Acquisition Streamlining Act (“FASA”) limited GAO’s protest jurisdiction to protests… Continue Reading