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Category Archives: Bid Protest

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Incumbent Employees’ Self-Disclosure of Salaries is Not a Procurement Integrity Act Violation

Posted in Bid Protest, Legal Developments
In AlliantCorps, LLC, B-415744.2, the Government Accountability Office (GAO) denied a protest by AlliantCorps, LLC (Alliant) alleging violations of the Procurement Integrity Act (PIA) by the Department of the Navy (Navy) following Alliant’s prior protest of a task order award to DKW Communications, Inc. (DKW).  Alliant asserted that DKW improperly received Alliant’s bid and proposal… Continue Reading

How Quickly Should Contractors Report Data Breaches? GAO Denies Protest Finding 12 Hours Is Not Fast Enough

Posted in Bid Protest, Cybersecurity
In Matter of: First Fin. Assocs., Inc., B-415713, Feb. 16, 2018, the Government Accountability Office (GAO) denied a protest filed by First Financial Associates, Inc. (FFA)  against an award by the Department of Homeland Security, U.S. Secret Service (DHS/USSS) to FEEA Childcare Services, Inc. (FEEA) for the administration of a childcare subsidy program.  FFA alleged… Continue Reading

All Things Protest: Time for a Change – Important Updates on GAO Timeliness Rules and DoD Debriefings

Posted in Bid Protest, Legal Developments, 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 episode, your hosts break down GAO’s pre- and post-award timeliness rules, as well as recent changes to GAO’s regulations and DoD… Continue Reading

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

Posted in Bid Protest, Cybersecurity, Legal Developments, Podcast
This week’s episode covers bid protest, debriefing, and cybersecurity news, and is hosted by partners David Robbins and Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. Listen: Crowell.com |… Continue Reading

GAO Implements Changes to Bid Protest Process with New Regulations

Posted in Bid Protest
On April 2, 2018, the Government Accountability Office (GAO) published Final Rule 83 FR 13817, amending its bid protest regulations to implement the Electronic Protest Docketing System, make administrative and clerical changes, and “streamline the bid protest process.” This Final Rule goes into effect on May 1, 2018.  We detail below some key changes it… Continue Reading

Did the Federal Circuit Narrow the COFC’s Bid Protest Jurisdiction?

Posted in Bid Protest, Legal Developments
When deciding where to file a bid protest, the most fundamental consideration is perhaps the most obvious one: does your desired venue have jurisdiction to hear your arguments? In a recent decision, Cleveland Assets, LLC v. United States , the Federal Circuit may have changed that analysis for certain Court of Federal Claims (COFC) bid… Continue Reading

All Things Protest: Organizational Conflicts of Interest

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 episode, hosts Olivia Lynch, Rob Sneckenberg, and Christian Curran cover recent protest news and an organizational conflict of interest decision that… Continue Reading

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

Posted in Bid Protest, Legal Developments, Podcast
This week’s episode covers tariff news, bid protest news, and bridge contract news, and is hosted by partner David Robbins. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without. Listen: Crowell.com |… Continue Reading

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 drobbins@crowell.com. 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

COFC AND GAO DISAGREE, COURT SUSTAINS $32M PROTEST

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