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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 Christian Curran, Olivia Lynch, and Rob Sneckenberg highlight recent GAO decisions and an ongoing Court of Federal Claims case involving mid-procurement key personnel departures, as well as strategies for avoiding or, if need be, addressing this troublesome situation.

You can find the materials discussed in this episode here.

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Photo of Olivia LynchPhoto of Rob SneckenbergPhoto of Christian Curran

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 common questions and recent developments regarding debriefings.

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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 and Christian Curran cover a recent GAO decision that could have significant implications for awardee protesters.

You can find the materials discussed in this episode here.

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In a recent blog post, we explained that the Federal Circuit’s decision in Cleveland Assets, LLC may have narrowed the COFC’s bid protest jurisdiction.  Prior decisions had held that a protester need only allege a violation of statute or regulation “in connection with” a procurement or proposed procurement to fall within the COFC’s Tucker Act bid protest jurisdiction.  But in Cleveland Assets, the Circuit held that the COFC lacked jurisdiction because the specific statute alleged to have been violated was not a “procurement” statute.  We questioned whether the Court had intentionally narrowed the COFC’s bid protest jurisdiction. Continue Reading Federal Circuit Denies Rehearing En Banc for Decision Potentially Narrowing the COFC’s Bid Protest Jurisdiction

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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 discuss common issues that arise in protests of procurements involving long-standing incumbent offerors and tips for both incumbent and non-incumbent offerors.

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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, host Rob Sneckenberg interviews Senior Counsel Mark Ries about the nuanced procedural and substantive considerations for protests involving classified information. Mark is a retired Army JAG with extensive experience litigating all manner of protests and claims, including those in the classified arena.

You can find the materials discussed in this episode here.

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This week’s episode covers DOJ, IDIQ, and GAO case law 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.

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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 information when its proposed subcontractor’s labor rates were furnished to DKW “at the direction of the Navy.”  GAO found that the facts asserted could not form the basis of a PIA violation because the employees voluntarily disclosed their salary information to DKW.

The Navy initially awarded the task order seeking software maintenance services to DKW.  As part of its transition effort, DKW sent an email to Navy personnel providing a link to DKW’s employment application website.  After the Navy provided Alliant with its debriefing, Navy personnel forwarded DKW’s email soliciting employment applications to personnel working on the incumbent contract for Alliant’s proposed subcontractor.  Alliant subsequently protested the evaluation underlying the award challenging the Navy’s past performance evaluation and discussions, which prompted the Navy to take corrective action to clarify the solicitation and make a new source selection decision.

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

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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 that their proposal was not evaluated consistently with the RFP’s evaluation criteria regarding the protection of personally identifiable information (PII) incident reporting requirements.

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

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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 debriefings that you need to know.

You can find the materials discussed in this episode here.

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