In a prior alert, we highlighted the unusual remedy ordered in Caddell Construction Co. v. U.S., in which the Court of Federal Claims nullified the award of a construction contract and ordered the agency to reopen discussions with only one firm. The court explained that the unusual remedy was appropriate because misleading discussions had
All Things Protest: Mid-Procurement Key Personnel Departures
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
All Things Protest: Debriefings
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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Federal Circuit Denies Rehearing En Banc for Decision Potentially Narrowing the COFC’s Bid Protest Jurisdiction
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.
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All Things Protest: Incumbency Edition
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
All Things Protest: Classified Edition
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.
All Things Protest: Time for a Change – Important Updates on GAO Timeliness Rules and DoD Debriefings
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
GAO Implements Changes to Bid Protest Process with New Regulations
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 implements to the protest process.
Did the Federal Circuit Narrow the COFC’s Bid Protest Jurisdiction?
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 protests.
All Things Protest: Organizational Conflicts of Interest
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