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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, Rob Sneckenberg, and Christian Curran cover common questions and recent developments regarding debriefings.

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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

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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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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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.

Continue Reading GAO Implements Changes to Bid Protest Process with New Regulations

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.

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

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 highlights the differences between the natural advantages of incumbency and a potentially problematic unequal access to information conflict.

You can find the materials discussed in this episode here.

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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 on in 2018.

Continue Reading Top Five Bid Protest Topics in 2017

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 on DoD protests, bid protest reform in the FY2018 NDAA, and the ongoing work of the Section 809 Panel.

You can find the materials discussed in this episode here.

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